Bilo Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44001 of 2017 Arising Out of PS.Case No. -423 Year- 2017 Thana -NAWADA District- NAWADA ====================================================== Bilo Devi, Wife of Rajaram Singh, resident of Village- Siswa, P.S.- Nawada Town District- Nawada.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Arun, Advocate For the informant : Mr. Pravin Kumar, Advocate For the State : Mr. Ashok Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel representing the State.

The petitioner apprehends her arrest in connection with Nawada Town P.S. Case No. 423 of 2017, registered for the offences punishable under Sections 447, 341, 323, 324, 307, 337, 379, 504, 506/34 of the Indian Penal Code and Section 27 of Arms Act.

Allegedly, the petitioner and co-accused Renu Devi assaulted the informant with sharp cutting weapon (Chilohi) on his head causing injury and thereafter all assaulted with lathi and danda brutally and fired.

Submission is of false implication and that only two

Patna High Court Cr.Misc. No.44001 of 2017 (2) dt.19-09-2017 2/2 injuries have been found on the person of the informant, one swelling and blackening over left eyes surrounding, incised wound over left forehead of size 2" x 1/2" skin-deep injury and against the petitioner there is no specific allegation for assaulting with chilohi rather there is allegation against Renu Devi also and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. duly assisted by the learned counsel for the informant opposes the prayer of pre-arrest bail by submitting that the petitioner has assaulted with sharp cutting weapon intentionally and one injury has been found on the person of the informant which is dangerous to life.

In the facts and circumstances as stated above, I am not inclined to grant privilege of pre-arrest to her and accordingly her such prayer stands rejected in connection with Nawada Town P.S. Case No. 423 of 2017, pending in the Court of learned Chief Judicial Magistrate, Nawada.

(Jitendra Mohan Sharma, J.) Rajiv/- U T