Ranju Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36386 of 2016 Arising Out of PS.Case No. -40 Year- 2016 Thana -KUTUMBA District- AURANGABAD ======================================================
1. Ranju Devi Wife of Santan Sharma Resident of village- Rampur Khaira, P.S.- Kutumba, District- Aurangabad .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-01-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends her arrest in connection with Kutumba P.S. Case No. 40 of 2016 for the offences punishable under sections 341, 323, 307, 379, 504, 325/34 of the Indian Penal Code.
It has been submitted on behalf of the petitioners that the petitioner has been implicated in this case due to village rivalry and the allegation against the petitioner and one other is of assaulting one Sita Kuwar and further against this petitioner of assaulting the mother of the informant. The impugned order of the learned Sessions Judge shows that there was one injury on the person of Sita Kuwar and there was two injuries on Priti Kumari
Patna High Court Cr.Misc. No.36386 of 2016 (6) dt.19-01-2017 2/3 and the opinion was reserved till receipt of the X-ray report. The learned Sessions Judge has also mentioned that no supplementary injury report has been received uptill now.
Heard learned A.P.P. also who has opposed the prayer for anticipatory bail.
Having heard both sides and in view of the fact that the petitioner is a lady and though there is allegation against her of assaulting Sita Kuwar and Priti Kumar but about the injury report of Priti Kumari there is mention in the impugned order that the opinion was reserved for want of X-ray but no supplementary injury report has been received till the order passed by the learned Sessions Judge. In view of the above fact, the petitioner above named, in the event of her arrest or surrender in the court below within a period of four weeks from today, shall be enlarged on provisional bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Kutumba P.S. Case No. 40 of 2016 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure, 1973 with further condition that the petitioner will surrender in the court below after submission of the chargesheet and pray for regular bail and the court below shall examine
Patna High Court Cr.Misc. No.36386 of 2016 (6) dt.19-01-2017 3/3 the type of injury available on the record and will pass appropriate order considering the materials available in the case diary and will dispose of the bail application of the petitioner on the same day. With the aforesaid observation/direction, this application for anticipatory bail is disposed of. (Vinod Kumar Sinha, J) Amin/- U