Parwati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.67925 of 2018 Arising Out of PS. Case No.-292 Year-2018 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Parwati Devi, Wife of Sheo Shankar Yadav, Resident of Village- Kapharpur, Police Station- Makhdumpur in the district of Jehanabad. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar For the Opposite Party/s :
Mr. Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-12-2018 Heard learned counsels for the parties.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,323,325,307,379,504 and 506/34 of the IPC. The prosecution case as per the written report of Rajiya Devi submitted to the SHO, Makhdumpur Police Station is to the effect that on 17.8.2018 at 8.30 AM, all the accused persons including the petitioner came and petitioner assaulted with iron rod on the head of the informant. When the son of the informant, namely, Shailendra Yadav came to rescue, then co-accused Shiv Shankar Yadav assaulted him with lathi. Both the injured received fracture injury and when both of them fell down then co-accused Mahesh
Patna High Court Cr.Misc. No.67925 of 2018(2) dt.14-12-2018 2/3 Yadav assaulted the informant and her son with lathi and rod. It is further alleged that co-accused Shiv Shankar Yadav took away a gold chain worth Rupees Fourteen Thousand from the neck of the informant.
It is submitted by learned counsel for the petitioner that though for the occurrence of 17.8.2018 at 8.30 A.M., the FIR was registered on the same day at 5.30 P.M., but it reached the Court of learned CJM on 20.8.2018, which suggests the antedating of the FIR. Though the informant claimed that she received fracture injury but the injury has been found to be simple.
Learned APP submits that the accusation is specific in the FIR.
Considering the fact that the impugned order also does not suggest that the injured received any grievous injury, moreover, the petitioner is a lady, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Jehanabad in connection with Makhdumpur P.S. Case No.292 of 2018 subject to the conditions laid down in
Patna High Court Cr.Misc. No.67925 of 2018(2) dt.14-12-2018 3/3 Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) anil/- U