Pramila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1199 of 2021 Arising Out of PS. Case No.-40 Year-2020 Thana- GAUNAHA District- West Champaran ====================================================== PRAMILA DEVI, aged about 42 years, Female, W/o Purnwasi Yadav, Resident of Village - Belwa Bahuari, P.s.- Gaunaha, Distt.- West Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Bimlesh Kumar Pandey, Advocate.

For the Opposite Party :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-07-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned A.P.P. for the State through Virtual mode.

The petitioner is apprehending her arrest in a case for the offence registered under Sections 147, 447, 341, 323, 324, 307 and 504/34 of the I.P.C.

The prosecution story, in brief, is that Purnwasi Pandit, Tarkeshwari Prasad Yadav, Bindeshwari Prasad Yadav and Ritik Kumar @ Rajvanshi Kumar with entire family came and assaulted with Garasa on the head of the informant in which he sustained injury on his head and he was treated in Government Hospital. The doctor told him to transfuse the

Patna High Court CR. MISC. No.1199 of 2021(2) dt.26-07-2021 2/3 blood. Tarkeshwari Prasad Yadav and Bindeshwari Prasad Yadav caught hold the informant while others were assaulting him. Pramila Devi (petitioner) tried to kill him but fortunately he was saved. It is further alleged that the accused persons were planning for the fight from before. The informant further stated that the accused persons used to fight with his parents too in respect of different excuses.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. She has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. Both sides are said to have been injured in course of occurrence. Injury on the side of accused persons has not been explained by the prosecution. The petitioner is a lady.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on her

Patna High Court CR. MISC. No.1199 of 2021(2) dt.26-07-2021 3/3 personal bond to the satisfaction of the learned S.D.J.M., Bettiah, West Champaran, in connection with Gaunaha P.S. Case No. 40/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) only with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T