Manbhari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48020 of 2019 Arising Out of PS. Case No.-105 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== Manbhari Devi, W/O Himachal Chaubey, Resident of Village- Lal Saraiya, P.S.- Majhauliya, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-08-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 436, and 379/34 of the Indian Penal Code. Subsequently, Section 302 IPC was also added. The prosecution case as per the written report of Rajgrih Chaubey submitted to the Station House Officer of Majhaulia Police Station is to the effect that on 21.03.2019 at 9.00 A.M. the 11 accused persons came and assaulted the informant. Co-accused Triloki Chaubey assaulted on the head of Dhananjay Dubey with Bhala causing bleeding injury, coaccused Ajit Chaubey assaulted to Chuman Chaubey on his head with Dabiya causing bleeding injury, co-accused Shakshi
Patna High Court CR. MISC. No.48020 of 2019(2) dt.01-08-2019 2/3 Kumari dragged the wife of the informant, Manju Devi and coaccused Shyam Bihari, Saheb and Tapu Nath Choubey assaulted her with rod and lathi causing bleeding injury, co-accused Shyam Bihari also caught hold of the informant and took out Rs.30,000/- from his pocket and when the informant went to hospital, co-accused Chaturbhuj Chaubey and petitioner Manbhari Devi set, the hutment of the informant, on fire. It is submitted by learned counsel for the petitioner that the accusation of assault has not been levelled against the petitioner and the hutment is question is neither dwelling house nor belong to the informant. It is further submitted that there is a counter version of the occurrence being Majhaulia P.S. Case No.
108 of 2019 registered for the offences punishable under Sections 341, 323, 324, 435, 354 and 379/34 of the Indian Penal Code and a statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that there is specific accusation of setting the hutment of the informant on fire.
Patna High Court CR. MISC. No.48020 of 2019(2) dt.01-08-2019 3/3 below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 105 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T