Vandana Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37703 of 2024 Arising Out of PS. Case No.-38 Year-2024 Thana- DHANSOI District- Buxar ====================================================== Vandana Kumari Wife of Omveer Singh @ Omvir Singh Resident of VillageSumeshwar Asthan,Buxar, P.S.- Buxar Town, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar, Adv.

For the State :

Mr.Dr.Mrityunjaya Kr.Gautam, APP For the Informant :

Mr. Jitendra Kumar Giri, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-07-2024 Heard learned counsel for the petitioner as well as learned counsel for the Informant.

2. In this case, the petitioner is seeking regular bail in connection with Dhansoi P.S. Case No. 38 of 2024, registered for the offences punishable under Sections 147, 148, 149, 341, 323 and 302 of the Indian Penal Code.

3. As per allegation, co-accused Nitish Kumar, Omvir Singh, Kamlesh Singh, Rita Kumari, Rubi Kumari, Pinki Kumari, Ramayan Singh and the petitioner assaulted the deceased with lathi, stick, etc. Firstly, he was brought to Dhansoi for treatment wherefrom he was referred to Sadar Hospital, Buxar where he was declared dead.

4. Learned counsel for the petitioner by drawing my attention towards paragraph no. 19 of the case diary has submitted that the petitioner in her statement has stated that the deceased was

Patna High Court CR. MISC. No.37703 of 2024(3) dt.08-07-2024 2/2 his brother and her father had given him 2 bighas of the land out of total 4 bighas and rest 2 bighas were remained with the father of the petitioner for his livelihood, to which the deceased was insisting to transfer that land in his favour. It was the reason for the dispute. His further submission is that the independent witness in paragraph no. 60 of the case diary has stated that Nitish Kumar had inflicted lathi blow on the head of the deceased and he succumbed to injuries in course of treatment. This witness has stated that the petitioner was only abusing the deceased.

5. Considering the above-mentioned facts and circumstances and also considering that the petitioner is a lady of clean antecedent and the independent witnesses did not support the allegation of assault at the hand of this petitioner, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Buxar in connection with Dhansoi P.S. Case No. 38 of 2024, subject to the following condition:- The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) SONALI/- U T