Binda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4699 of 2018 Arising Out of PS.Case No. -328 Year- 2017 Thana -MOHANIA District- BHABHUA (KAIMUR) ======================================================

1. Binda Devi W/o Munna Singh, R/o Village- Lariyaon, P.S.- Mohania, District- Kaimur (Bhabua).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anurag Saurav For the Opposite Party/s : Mr. Sri Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-02-2018 Heard the learned counsels for the parties.

The petitioner seeks bail in anticipation of her arrest in connection with Mohania P.S. Case No. 328/2017 dated 28.06.2017 instituted for the offences under Sections 341, 323, 325, 307, 379, 504 and 34 of the Indian Penal Code.

It has been alleged in the F.I.R. that the petitioner and others assaulted the informant, his wife, one Mantu Singh and one of the nephews of the informant leading to serious injuries to them. Learned counsel for the petitioner has submitted that specific allegation of assault has been attributed to other accused persons and apart from naming the petitioner in the F.I.R., no overt act has been attributed against her. Though, the injuries suffered by the victims are grievous, but the petitioner is not specifically alleged to have assaulted them; rather specific allegation of assault on the

Patna High Court Cr.Misc. No.4699 of 2018 (2) dt.02-02-2018 2/2 victims are on other accused persons. The son of the petitioner had earlier filed a complaint against the informant and others of the present case bearing Complaint Case No. 791/2017. Considering the fact that the petitioner is a 56 years old lady and occurrence arose out of a minor dispute between the parties, she is directed to be released on bail, in the event of her surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on her furnishing bond in the sum of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Mohania P.S. Case No. 328/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J.) Rakhi U T