Chanda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24549 of 2020 Arising Out of PS. Case No.-32 Year-2020 Thana- EAST COLONY District- Munger ====================================================== CHANDA DEVI, W/O - Sanjiv Yadav, Resident of Village - Tikiya Para, P.S. - East Colony, District - Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar, Adv.

For the Opposite Party/s :

Mr.A.G.

: Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-09-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Since the physical court proceeding is non-functional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within three weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 448, 341, 323, 504, 506, 307, 509, 354 (B), 379, 427, 34 of the Indian Penal Code and added Section 302 of the Indian Penal Code.

Patna High Court CR. MISC. No.24549 of 2020(2) dt.25-09-2020 2/3 The prosecution case as per the written report of informant Guriya Devi is that on 01.05.2020 at about 6.00 P.M. she was in her house, then petitioner along with other accused persons came there and started abusing. When she objected then they started scattering the house hold articles and co-accused caught hold the hand of her daughter with bad intention and also tried to outrage her modesty. When she went to save her daughter then petitioner pulled her saree and all the accused persons assaulted her brutally and she sustained injuries and fell on the ground and became unconscious.

Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence and has falsely been implicated in this case due to village politics. He further submits that the occurrence took place on 01.05.2020 bu the written statement has been filed on 05.05.2020 and there is no explanation for delay. He submits that the petitioner has a child aged about 2 and half years and her husband is also in judicial custody in this case. There is no specific overact allegation against the petitioner. He further submits that the petitioner has neither assaulted to the informant nor the deceased (Anil Ram) and she has been made accused due to ill motive. The petitioner is in custody since 09.05.2020 and has

Patna High Court CR. MISC. No.24549 of 2020(2) dt.25-09-2020 3/3 got no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State opposes the prayer for bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Munger, in connection with East Colony P.S. Case No. 32 of 2020.

(Anjani Kumar Sharan, J) amitkumar/- U T