Patna High CourtCR. MISC./35164/2017rejected

Poonam Devi v. The State Of Bihar

2017-08-11Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35164 of 2017 Arising Out of PS.Case No. -82 Year- 2016 Thana -DERNI District- SARAN ====================================================== Poonam Devi W/o Naresh Rai Resident of Village-Poji P.S. Derni DisttSaran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-08-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends her arrest in connection with Derni P.S. Case No. 82 of 2016 for the offences punishable under sections 341, 323, 307 and 302 of the I.P.C.

Allegedly, the petitioner and other co-accused started assaulting the father of the informant with brick and when the informant tried to save him he was also assaulted by brick on his head and due to the assault made by the petitioner and other coaccused the father of the informant died in Parsa Hospital. Submission is of false implication and that there is no specific allegation against the petitioner, the allegations are

Patna High Court Cr.Misc. No.35164 of 2017 (2) dt.11-08-2017 2/2 omnibus and general in nature and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner.

In the facts and circumstances as stated above, considering that due to the assault made by the petitioner and other co-accused the deceased died and as such I am not inclined to grant privilege of pre-arrest bail to the petitioner and accordingly her such prayer stands rejected in connection with the aforementioned case pending in the court of A.C.J.M-VII, Saran at Chapra.

(Jitendra Mohan Sharma, J) Abhay/- U T