Basanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58085 of 2021 Arising Out of PS. Case No.-5 Year-2019 Thana- SARMERA District- Nalanda ====================================================== BASANTI DEVI W/o Sunny Chauhan Resident of Village - Sekhra Bigha, P.S.- Sarmera, Distt.- Nalanda.

... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 307 and 34 of the Indian Penal Code.

Petitioner is said to have poured hot boiled water on the body of a minor boy. The said injury is found approximately 12% burn epidermis and parts of dermis-layer of skin i.e. Second Degree Burn.

Patna High Court CR. MISC. No.58085 of 2021(3) dt.17-10-2022 2/2 Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no intention to assault the grand son of informant and no such type of any arms has been used by the petitioner. He submits that there is no eye witness of the occurrence and the petitioner is a lady, so her case comes within the proviso of Section-437 of the Cr.P.C. and there is no chance to abscond her. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case and the fact that there is specific allegation against the petitioner to pour boiled water on the body of the a minor child, I am not inclined to enlarge the petitioner on bail in connection with Sarmera P.S. Case No. 05 of 2019. Accordingly his prayer for anticipatory is rejected.

(Anjani Kumar Sharan, J) ajay/- U T