Laxmi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61708 of 2018 Arising Out of PS. Case No.-106 Year-2018 Thana- BHAGWANPUR District- Begusarai ====================================================== Laxmi Devi W/o Chamru Sahni, R/o Vill.- Dahiya Rasalpur, P.S.- Bhagwanpur, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Singh For the Opposite Party/s :
Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-12-2018 Heard learned counsels for the parties.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147,341,323,324,325,307 and 504 of the IPC.
The prosecution case as per the written report of Rajkumari Devi submitted to the SHO, Bhagwanpur Police Station is to the effect that co-accused Chamru Sahni abused and assaulted the husband of the informant with fists and slaps. It is further alleged that on 4.6.2018 at 4.00 P.M., while the informant was going to see her daughter off, in the meantime, all the accused persons made assault to her. The specific accusation of assault by a hammer to informant's son namely Rajiv Kumar has been levelled against co-accused Sudhir Sahni. It is further alleged that when the informant came to rescue her son, co-accused
Patna High Court Cr.Misc. No.61708 of 2018(2) dt.10-12-2018 2/3 Siko Sahni assaulted the informant causing fracture on her right hand. When the daughters of the informant namely Sabita and Anita came to rescue him, they too were assaulted by other co-accused persons.
It is submitted by learned counsel for the petitioner that there is no specific accusation of assault against the petitioner. It is further submitted that there is counter version of the occurrence also being Bhagwanpur P.S. Case No. 117 of 2018 with accusation under Sections 147,341,323,324,379 and 504 of the IPC. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP submits that the petitioner is named in the FIR.
Considering the fact that there is no specific accusation against the petitioner who is a lady, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Begusarai in connection with Bhagwanpur P.S. Case No.106 of 2018 subject to the
Patna High Court Cr.Misc. No.61708 of 2018(2) dt.10-12-2018 3/3 conditions laid down in Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) anil/- U