Gayatri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47052 of 2021 Arising Out of PS. Case No.-275 Year-2019 Thana- KOTWA District- East Champaran ====================================================== GAYATRI DEVI Wife of Mahadeo Bhagat Resident of Village- Kalyanpur Brit, P.S.- Kotwa, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends her arrest for the offences alleged under Sections 323, 324, 307, 354B, 427 and 504/34 of the Indian Penal Code and subsequently Section 302 of the IPC was added, registered in connection with Kotwa P.S.Case No. 275 of 2019.

As per allegation, when the informant and her brothers Ranjan Bhagat and Chandan Bhagat were erecting chappar in their house, co-accused Raj Kumar Bhagat and

Patna High Court CR. MISC. No.47052 of 2021(2) dt.16-05-2022 2/3 Mahadeo Bhagat and the petitioner came there and assaulted them with lathi and danda. The further allegation is that coaccused Raj Kumar Bhagat inflicted knife blows on Ranjan Bhagat and Chandan Bhagat. After the death of Ranjan Bhagat, Section 302 of the IPC was added.

The learned counsel for the petitioner has submitted that there is specific allegation against Raj Kumar Bhagat that he inflicted knife blow on the person of the deceased. The allegation against the petitioner, who is a lady, is general and omnibus and she has no criminal antecedents.

Considering the above facts and circumstances as well as the fact that the specific allegation of inflicting knife blow on the person of the deceased is on co-accused Raj Kumar Bhagat and not against the petitioner, who is a lady, let the petitioner above-named, in the event of her arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Kotwa P.S.Case No. 275 lof 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Patna High Court CR. MISC. No.47052 of 2021(2) dt.16-05-2022 3/3 Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T