Kamali Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45699 of 2019 Arising Out of PS. Case No.-26 Year-2017 Thana- CHANDAN District- Banka ====================================================== KAMALI DEVI W/O Bahadur Yadav Resident of Village- Kenduwar, P.s.- Anandpur, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhakar Kumar For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-07-2019 Heard both sides.

The petitioner apprehends her arrest in Chandan (Anandpur) P.S. case No. 26 of 2017 registered under Section 447, 341, 323, 325, 308, 504,34 of the IPC.

The informant named the petitioner along with others and alleged that they all came to his Darwaja and enquired about cow. The informant replied that he did not know about the cow but the accused persons assaulted the informant with Lathi. When his brother, Sanjay Das, came to save the accused persons also assaulted him. The informant further alleged that accused persons took away different articles from his house. The learned counsel for the petitioner submits that petitioner is a lady. Sudhir Das, the informant, of course, got six injuries but all the injuries are simple in nature. Sanjay Das also

Patna High Court CR. MISC. No.45699 of 2019(2) dt.24-07-2019 2/2 got three injuries, one is lacerated wound and two others are swelling. Similarly situated accused, Bahadur Yadav, Pintu Yadav and Surendra Yadav have already been granted anticipatory bail vide order passed in Cr. Misc. 3382 of 2019. Considering the facts aforesaid and nature of allegation made against the petitioner and the fact there is no specific allegation against the petitioner, who is a lady, the petitioner, above named, in the event of her arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Chandan (Anandpur) P.S. case No. 26 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T