Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52622 of 2016 Arising Out of PS.Case No. -99 Year- 2016 Thana -BAHERA District- DARBHANGA ======================================================

1. Asha Devi, Wife of Mahesh Yadav, Resident of Village- Suhathh, Police Station- Bahera, District- Darbhanga .... Petitioner

Versus

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

For the Petitioner : Mr. Gajendra Kumar Jha, Adv. For the Opposite Party : Mr. Surendra Kumar, APP 190 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-12-2016 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.

Allegation against the petitioner is specific that she assaulted with kudal (spade) causing injury at the head of the informant. The doctor has found head injury on the informant though simple in nature.

Submission of the petitioner is that there is case and counter case and the petitioner and others have also sustained injury at the hands of the prosecution side.

Considering the nature of allegation against the petitioner specially the fact that her act might cause death, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail is refused.

In the event of surrender of the petitioner before the Court below, her prayer for regular bail shall be considered on it's own merit, without being prejudiced of this order. (Birendra Kumar, J) SA/- U √ T √