Mina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39802 of 2016 Arising Out of PS.Case No. -19 Year- 2016 Thana -BHEJA District- MADHUBANI ====================================================== Mina Devi Wife of Madan Mallick Resident of Village- Darah Tola Chtanama, P.S. Bheja, District Madhubani.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Manoj Kumar Jha, Advocate.

For the Opposite Party : Mr. Sunil Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-11-2016 Heard both sides.

The petitioner apprehends her arrest in Bheja P.S. Case No. 19 of 2016 registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The informant named the petitioner along with other accused persons and allegation against the petitioner Mina Devi is that she assaulted her son Satyanarayan Mahto with sharp edged weapon on his head. Others assaulted Satyanarayan Mahto with fists and slaps.

Learned counsel for the petitioner submits that there is a counter version being Bheja P.S. Case No. 20 of 2016. From the side of the petitioner many persons were injured but from perusal of the injury report of Satyanarayan Mahto, it appears that one

Patna High Court Cr.Misc. No.39802 of 2016 (3) dt.22-11-2016 2/2 incised wound over scalp 3/2x1/4 bone deep was found and the opinion with regard to injury no. 1 was kept reserved. Injury of the petitioner is only complaint of pain on different parts of the body but no apparent injury was found on the person of the petitioner. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

However, the petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, her prayer shall be considered on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) KKSINHA/- U T