Chinta Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.3141 of 2015 (3) dt.10-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3141 of 2015 Arising Out of PS.Case No. -208 Year- 2014 Thana -KARAKAT District- SASARAM (ROHTAS) ======================================================

1. Chinta Devi D/O Roopan Singh Resident of vill-Hariharpur,P.SKarakat,Distt.-Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Pandey For the Opposite Party/s : Mr. Navin Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-03-2015 Heard both sides.

The petitioner, apprehends her arrest in Karakat P.S. Case No. 208/2014, registered for the offences punishable under sections 302 and other sections of the Indian Penal Code.

The informant named five persons including the petitioner and alleged that they assaulted the nephew of the informant when the informant and other family members came they also assaulted the informant, the nephew Chandan Kumar and Sri Niwas Singh. Sri Niwas Singh succumbed to the injuries.

Learned Counsel for the petitioner submits that the petitioner is lady and there is no specific allegation of assault against the petitioner. During the course of investigation the informant himself alleged that Chinta Devi handed over the spear to Deepak Kumar who assaulted Sri Niwas Singh the deceased below his waist. The petitioner is alleged to have assaulted with lathi, but no corresponding injury was found.

Patna High Court Cr.Misc. No.3141 of 2015 (3) dt.10-03-2015 On the other hand, learned counsel for the informant as well as the State has submitted that the petitioner also assaulted the informant and when Sri Niwas singh fell down, the petitioner is alleged to have assaulted with lathi. The deceased died of shock and hemorrhage on account of injuries. It appears that the informant made specific allegation against the petitioner along with other four persons that they assaulted the informant and his family members including Sri Niwas Singh, the nephew of the informant. Rajdeo Singh also got many injuries on account of assault made by the petitioner and others. Sri Niwas Singh succumbed to the injuries on account of assault made by the accused persons.

Considering the facts, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Vinita/- U T