Bhikheniya Devi @ Bhekhainiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34301 of 2018 Arising Out of PS.Case No. -129 Year- 2017 Thana -HASPURA District- AURANGABAD ======================================================

1. Bhikheniya Devi @ Bhekhainiya Devi, Wife of Suryadayal Rajbanshi @ Shivdayal Rajbanshi, Resident of Village- Bhatan Bigaha, P.S.- Haspura, District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-06-2018 Heard both sides.

The petitioner apprehends her arrest in Haspura P.S. case No. 129 of 2017 for the offences punishable under Section 307 and other minor Sections of the Indian Penal Code. The informant alleged that while he was going towards his field, Suryadayal Ranjbanshi, Aditya and Chandramal were digging earth. The informant disclosed that he filed a petition for measurement of the land on such the accused persons assaulted the informant and his other family members.

The learned counsel for the petitioner submits that petitioner happens to be wife of Suryadayal Rajbanshi but no specific allegation of assault is made against her. The injured

Patna High Court Cr.Misc. No.34301 of 2018 (2) dt.29-06-2018 2/2 persons got simple injury. There is counter version. Considering the facts aforesaid and the nature of allegation made against the petitioner and the fact that there is no specific allegation against the petitioner, who is a lady, the petitioner above named in the event of her arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Aurangabad in connection with Haspura P.S. case No. 129 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T