Sindhu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30822 of 2016 Arising Out of PS.Case No. -314 Year- 2015 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sindhu Devi wife of Binod Ram resident of Village- Brindavan Tola Dharni Chapra, P.S.- Kalyanpur, District- East Champaran. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Karandeep Kumar For the Opposite Party/s : Mr. Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-08-2016 Heard learned counsel for the parties.

The petitioner is apprehending her arrest in a case registered for the offence punishable under sections 447, 147, 148, 149, 341, 342, 323, 307, 113, 379, 504, 506 of the Indian Penal Code.

Prosecution case is that the informant Surendra Singh was ploughing his field. In the meantime, all the F.I.R. named accused persons including the petitioner arrived and started abusing the informant but on protest being made the petitioner caught hold of the informant and on the instruction of co-accused Ram Pravesh Ram, Binod Ram assaulted with sword on the head of the informant causing grievous injury on the fore-head. Co-accused Krishna Nandan Ram snatched golden chain of the informant worth Rs.25,000/- from his pocket. Co-accused Ramchandra Ram

Patna High Court Cr.Misc. No.30822 of 2016 (2) dt.03-08-2016 took away Rs.500/- from the pocket of the informant. Other coaccused assaulted the informant with fists and slaps and threatened him.

It is submitted by the learned counsel for the petitioner that the accusation of assault is not against the petitioner, who is a lady and in the background of land dispute the accusation has been levelled. Moreover, the injury found on the person of the informant has been found to be simple in nature and considering the same the assailant Binod Ram has been granted bail by a coordinate Bench of this Court in Cr.Misc.No. 19778/2016. Considering the fact that the accusation of assault is not specific against the petitioner being a lady and the statement in paragraph 3 of the application that she has no criminal antecedent, let the petitioner, abovenamed, in the event of her arrest or surrender before the court below within a period of twelve weeks from today, be 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 the Chief Judicial Magistrate, East Champaran at Motihari in Kalyanpur P.S.Case No. 314/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Surendra/- U

Patna High Court Cr.Misc. No.30822 of 2016 (2) dt.03-08-2016