Bindu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32254 of 2021 Arising Out of PS. Case No.-106 Year-2020 Thana- DAWATH District- Rohtas ====================================================== BINDU DEVI W/O CHHOTE LAL CHAUDHARY R/o village- Gidha, P.S.- Dawath, District- Rohtas ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Amit Kumar Rakesh, APP For the Informant :

Mr. Sanjay Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-12-2021 Heard Mr. Ashok Kumar Pandey, learned counsel for the petitioner, Mr. Amit Kumar Rakesh, Additional Public Prosecutor for the State and Mr. Sanjay Kumar Singh, learned counsel for the informant.

Petitioner seeks regular bail in connection with Dawath PS Case No. 106/2020 registered for the offences punishable under Sections 341, 323, 504, 302/34 of the IPC and Section 27 of the Arms Act.

The allegation, as per prosecution case, is that the petitioner is alleged to have assaulted the informant by means of Lathi causing injury on fingers of his left hand and son of the petitioner, namely, Abhay Chaudhary has allegedly fired upon stomach of Dharmendra Chaudhary, son of the informant due to which he died.

Patna High Court CR. MISC. No.32254 of 2021(2) dt.16-12-2021 2/3 Learned counsel for the petitioner submits that both the parties are co-sharers and there is land dispute between them. Learned counsel further submits that from perusal of the FIR, it would be evident that petitioner has assaulted the informant by means of Lathi and the son of the informant was killed by the son of the petitioner, namely, Abhay Chaudhary. Learned counsel next submits that petitioner is a lady and no apparent injury has been found on the person of the informant.

On the other hand, learned counsel for the informant submits that petitioner is named in the FIR and she along with her family members assaulted the informant and his son due to which the son of informant died.

Regard being had to the submissions made by the parties and taking into consideration the material on record and the fact that there is no specific allegation against the petitioner of assault upon the deceased and she has allegedly assaulted the informant by means of Lathi having no apparent injury and the petitioner being a lady is in custody since 22.01.2021, chargesheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, BINDU DEVI be

Patna High Court CR. MISC. No.32254 of 2021(2) dt.16-12-2021 3/3 released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Bikramganj, Rohtas in connection with Dawath PS Case No. 106/2020.

(Anil Kumar Sinha, J) perwez U T