Renu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50737 of 2022 Arising Out of PS. Case No.-238 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== 1.

RENU DEVI, Wife of Nageshwar Singh @ Nageshwar Prasad Singh, R/VBankurba Chandauli, P.S- Waini (Tajpur), Dist- Samastipur 2.

Nageshwar Singh @ Nageshwar Prasad Singh, Son of Ram Gulam Singh, R/V- Bankurba Chandauli, P.S- Waini (Tajpur), Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-01-2023 Let the defect (s), if any, as pointed out by the office, be removed within a period of three weeks from today. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner no. 2, Nageshwar Singh submits that during the pendency of this application, the petitioner has been arrested and hence, seeks permission to withdraw this application.

This application is dismissed as withdrawn.

The petitioner is apprehending her arrest in connection with Tajpur P.S. Case No. 238 of 2022 registered for the offences punishable under Sections 341, 342, 323, 325,

Patna High Court CR. MISC. No.50737 of 2022(2) dt.09-01-2023 2/3 354, 307 and 379 read with Section 34 of the Indian Penal Code.

As per prosecution case, the petitioners and the other co-accused persons came at the door of the informant and abused her and when she protested then petitioner no. 1 Renu Devi assaulted the informant with hasua causing injury on her head and took away gold chain from the neck of the informant. The co-accused Nageshwar Singh assaulted the informant with garasa causing injury on her head. It is further alleged that the co-accused Hari Om Kumar assaulted the informant with iron rod causing fracture injury in both hands and he further tore her clothes and also snatched Rs. 45000/- from her possession.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. There is case and counter case between the parties. As per injury report of the informant Sonia Devi, she sustained three injuries on her head which appear to be normal in nature but she also sustained one injury on her hand which is grievous in nature caused by hard and blunt substance. The petitioner has got no criminal antecedent as stated in para 3 of the bail petition.

Patna High Court CR. MISC. No.50737 of 2022(2) dt.09-01-2023 3/3 Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the fact that the petitioner is a lady, let the above named petitioner, in the event of her arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.,Samastipur in connection with Tajpur P.S. Case No. 238 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T