Patna High CourtCR. MISC./37957/2017disposed

Punam Devi And ANR v. The State Of Bihar

2017-08-11Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37957 of 2017 Arising Out of P.S.Case No. -68 Year- 2017 Thana -JANTA BAZAR District- SARAN ======================================================

1. Punam Devi, W/o Surendra Ram

2. Rina Devi, W/o Suresh Ram Both Resident of Village-Panditpur, P.S.- Janta Bazar, District-Saran .... .... Petitioners

Versus

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

For the Petitioners : Mr. Harish Kumar, Advocate For the Opposite Party : Mr. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 11-08-2017 Heard.

2. The petitioner apprehends arrest in connection with Janta Bazar P.S.Case No.68 of 2017 pending in the Court of ACJM-Ist, Saran at Chapra registered for an offence under Section 302/34 of the IPC.

3. The allegation as per fardbeyan is that these petitioners and two others assaulted the husband of the informant on account of which her husband died in curse of treatment in private clinic.

4. The learned counsel for the petitioners submits that these petitioners are female members and have falsely been implicated in this case. The victim died on account of injuries sustained in course of thrashing of wheat. The postmortem report

Patna High Court Cr.Misc. No.37957 of 2017 (2) dt.11-08-2017 2/2 shows that the victim sustained only one injury. The allegation is not specific against any of the petitioners and so the petitioners deserve anticipatory bail.

5. Learned APP opposed the submissions.

6. Considering the specific allegation of assault by these petitioners and two others resulting the death of the husband of the informant, I am not inclined to grant him anticipatory bail. His prayer is therefore rejected. If the petitioners surrender before the court below and pray for regular bail, the court below shall consider his bail on merit without being prejudiced by this order. (Sanjay Kumar, J) B.Kr./- U T