Dharmshila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48097 of 2022 Arising Out of PS. Case No.-195 Year-2022 Thana- PARSABAZAR District- Patna ====================================================== DHARMSHILA DEVI, W/o Manki Ram Resident of Village - Kurethaul, P.s.- Parsa Bazar, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh, Advocate For the Opposite Party/s :

Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and the learned APP for the State through virtual mode in view of COVID-19.

The petitioner apprehends her arrest in connection with Parsa Bazar P.S. Case No.195 of 2022 instituted under Sections 341,323,307,504,506,34 of the Indian Penal Code. As per the prosecution story, the informant alleged that when he was on a walk, suddenly his step mother (petitioner herein) along with other accused persons intercepted him and later assaulted. As his son informed the local villagers, he was saved and later taken to the hospital for treatment. Learned counsel for the petitioner submits that specific allegation is against Tunnu Ram of assaulting the informant by the use of rod. So far as this petitioner is concerned, only allegation is of being present along with the

Patna High Court CR. MISC. No.48097 of 2022(2) dt.06-01-2023 2/2 accused persons and had stopped the informant. Learned APP on the other hand opposes the prayer for anticipatory bail stating that the step son is assaulted by the accused persons.

Taking into account the fact that the petitioner is a lady, allegation is against Tunnu Ram of assaulting the informant by means of iron rod on head, she do not have criminal antecedent and is an aged person of 65 years, this Court is inclined to grant her relief.

Let the petitioner be released on bail, in the event of her arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Parsa Bazar P.S. Case No.195 of 2022 to the satisfaction of learned SubJudge, VIIIth -cum- Additional Chief Judicial Magistrate, Patna, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Prakash Narayan /- U T