Nutan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58912 of 2021 Arising Out of PS. Case No.-196 Year-2020 Thana- BIHARIGANJ District- Madhepura ====================================================== Nutan Devi, W/O Sri Dani Mandal @ Devendra Kumar Mandal Resident Of Village - Gorpar Playmill Ward No.14, P.S.- Bihariganj, Distt.- Madhepura. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Anand For the Opposite Party/s :

Mr. Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 448, 147, 341, 323, 324, 307, 354(A), 379, 504 and 506 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a lady and the informant alleges that on 15.08.2020 at about 2.00 P.M., the accused persons including the petitioner along with 10-15 unknown persons entered the house of the informant and started assaulting the family members of the informant and when the informant protested, in the meantime, it is alleged that Dani Mandal assaulted the informant by a sharp edged weapon on his

Patna High Court CR. MISC. No.58912 of 2021(2) dt.12-07-2022 2/3 head causing injury and he became unconscious. It is next alleged that when the informant regained his consciousness, then the present petitioner assaulted him on his neck by an iron rod and he again became unconscious. It is next alleged that when the wife of the informant opposed, then the accused persons tore her blouse and snatched her chain and ear ring. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case as she is wife of Dani Mandal. It is next submitted that it absolutely does not stand to reason if the petitioner had to assault, she would not have waited for the informant to gain consciousness, so that again she could assault and make him unconscious. It is next submitted that the allegation on the face of it appears inherently improbable.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is

Patna High Court CR. MISC. No.58912 of 2021(2) dt.12-07-2022 3/3 pending in connection with Bihariganj P. S. Case No.196 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T