Asha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61173 of 2021 Arising Out of PS. Case No.-266 Year-2020 Thana- SUPAUL District- Supaul ====================================================== Asha Devi W/o Ram Sewak Kamat Resident of Mohalla- Balwa Punarwars, Ward No. 15, P.S.- Supaul, District- Supaul ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kanchan Kumar Singh For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2022 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends her arrest in Supaul P.S. Case No. 266 of 2020, registered for the offences punishable under Section 302 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.
As per the FIR, all the ten FIR named accused persons including this petitioner and some unknown persons assaulted the brother of informant with lathi, danda and rod, as a result of which he sustained severe head injury.
It is submitted that no specific overt act has been attributed against this petitioner and petitioner is only alleged to be the member of mob. Allegation of assault is general and omnibus. The police after investigation had not found the
Patna High Court CR. MISC. No.61173 of 2021(2) dt.11-07-2022 2/2 involvement of this petitioner in the present case, as such submitted chargesheet against male members excluding the female, but differing with the same the court below took cognizance under Section 302 and other allied sections of the Indian Penal Code. Petitioner is lady having no criminal antecedent.
Considering the facts aforesaid, the petitioner abovenamed, in the event of her arrest/surrender before the court below within a period of six 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 the learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 266 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T