Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41487 of 2019 Arising Out of PS. Case No.-268 Year-2018 Thana- DESARI District- Vaishali ====================================================== Usha Devi, W/o Rajkapur Ram Resident of Village- Azampur, Ward No. 6, P.S.- Desari (Chandpura- O.P.), District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Chandra For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Desari (Chandpura O.P.) P.S. Case no. 268 of 2018, registered under Sections 341, 342, 323, 324, 325, 307, 379, 504, 506 and 354(B)/34 of the Indian Penal Code. The accusation is that Raj Kapoor Ram reached at the house of informant, in drunken state, and started to abuse Nilam Devi, wife of the informant, and tried to outrage her modesty. In the meanwhile, informant reached there then Raj Kapoor Ram gave iron rod blow at the head of his wife. At that time, Sonu Kumar son of Raj Kapoor Ram gave bhapa blow at his head and petitioner and wife of Raj Kapoor Ram thrown chilly powder in the eyes of the informant and snatched his golden chain. Thereafter, Parmanand Das, nephew of informant, came and brought the informant to Sadar Hospital.

Patna High Court CR. MISC. No.41487 of 2019(2) dt.05-07-2019 2/2 Thereafter, panchayati was arranged, but accused persons did not give heed on it.

Learned counsel for the petitioner submits that petitioner is the wife of co-accused Raj Kapoor Ram and allegation against the petitioner is to spread chilly powder in the eyes of informant. Further submission is that, in fact, occurrence of Marpit took place due to land dispute in which petitioner side also sustained injury regarding which Compliant case No. 2744 of 2018 was filed in the Court of Chief Judicial Magistrate, Vaishali at Hajipur against the informant and his family members.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M.-II, Vaishali at Hajipur in connection with Desari (Chandpura O.P) P.S. Case No. 268 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T