Gita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60585 of 2021 Arising Out of PS. Case No.-862 Year-2020 Thana- NAWADA District- Nawada ====================================================== Gita Devi, W/O Jogendra Chaudhary R/O Mangarbigha, Behind Sankat Mochan Mandir, Gondapur, P.S-Nawada, District-Nawada. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amresh Kumar Sinha For the Opposite Party/s :
Ms. Renuka Ratnakar Mr. Birendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-07-2022 Heard learned counsel for the petitioner, learned counsel for the informant 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 341, 323, 325, 308, 504, 506/ 34 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that he was getting his land measured and the same was objected by Yugal Chaudhary and his family members on account of which, a complaint was given in the police station. Thereafter, the police came and was inspected the site when Yugal Chaudhary, his wife, Savita Devi, Gita Devi (petitioner), Rita Devi, Babli Kumari, Ranjit Kumar, Pappu Kumar, Suraj
Patna High Court CR. MISC. No.60585 of 2021(2) dt.13-07-2022 2/3 Kumar, Bare Kumar, Chhote Kumar came and became aggressive and thereafter, it is alleged that Rita Devi and petitioner assaulted the informant by brick on his head causing injury.
The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. The dispute was between the informant and Yugal Chaudhary. It is next submitted that from perusal of the allegation as alleged, it would manifest that the dispute was purely civil in nature in which the complaint was filed before the police, on which the police had come and was inspecting the place of occurrence when the present occurrence took place. It is next submitted that allegation of assaulting by brick is against this petitioner and Rita Devi, but the injury suffered by the informant is only one. Though it has come in the injury report that his injury is grievous.
Patna High Court CR. MISC. No.60585 of 2021(2) dt.13-07-2022 3/3 of Rita Devi.
The learned counsel for the informant as well as learned A.P.P. opposes the bail application and submits that there is specific allegation of assault against Rita Devi and Gita Devi, but are not able to meet the submission made by the learned counsel for the petitioner that the injury is only one, but allegation of assault is against two of the accused. Considering the submissions made by the learned counsel for the petitioner and in the nature of allegation as alleged, 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 bailbonds 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 pending in connection with Nawada (Town) P. S. Case No.862 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