Savita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36624 of 2015 Arising Out of PS.Case No. -54 Year- 2014 Thana -MANPUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Savita Devi Wife of Ramu Paswan R/o village - Bishunpur ( Koriyari ), P.S. Manpur, District - Nalanda .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Das Singh For the Opposite Party/s : Mr. Amitesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-09-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

The accusation is of making assault to the husband of the informant. The husband of the informant ran away but the accused persons chased him and again assaulted. When the informant was taking her husband next day to hospital he died on way to hospital. It is submitted by the learned counsel for the petitioner that the accusation is omnibus and general. The

Patna High Court Cr.Misc. No.36624 of 2015 (2) dt.10-09-2015 2/3 petitioner is lady having no criminal antecedent. Statement to that effect has been made in paragraph 3 of the petition. It is further submitted that considering the omnibus and general nature of accusation similarly situated co accused Ram Pravesh Paswan has been granted regular bail vide Cr. Misc. No. 47035 of 2014.

Considering the fact that the accusation is omnibus and general, the victim died next day of the occurrence, the postmortem report reflects that due to fracture of ribs lung got punctured and petitioner being a lady, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Nalanda at Biharsharif in connection with Manpur P.S. Case No.54/2014 subject to the conditions as laid down under Section 438(2) Cr.P.C. However, learned court below shall be at liberty to cancel the bail bonds of the petitioner in case the petitioner defaults without any reasonable cause on three

Patna High Court Cr.Misc. No.36624 of 2015 (2) dt.10-09-2015 3/3 consecutive occasions.

(Dinesh Kumar Singh, J) Anil/- U T