Nirmala Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50605 of 2019 Arising Out of PS. Case No.-185 Year-2019 Thana- DUMRAO District- Buxar ====================================================== 1.

NIRMALA KUMARI Wife of Gyannendu Kumar @ Gyanendra Kumar Resident of Village - Harpur, P.S.- Itarhi, District- Buxar 2.

Gyanendu Kumar @ Gyanendra Kumar Son of Vishwanath Arya @ Vishwanath Ram @ Vishwanath Resident of Village - Harpur, P.S.- Itarhi, District- Buxar ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bachan Jee Ojha For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-08-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Dumraon P.S.Case No.185 of 2019 registered for offences punishable under Sections 147, 149, 323, 332, 427, 506, 353 of the Indian Penal Code and Section 3⁄4 of the D.P. Act. Prosecution story is that the petitioner no.1, who is G.N.M.) in Dumraon Hospital called her husband and her husband came with 10-15 persons, they assaulted the Doctor on duty and also damaged the property as it is said that the Doctor has made complaints against the petitioner no.1 of not attending the patient.

Submission of the learned counsel for the petitioner is

Patna High Court CR. MISC. No.50605 of 2019(2) dt.14-08-2019 2/2 that petitioner has also lodged a case against the Doctor and in retaliation, the present case has been lodged. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, considering the fact that as the petitioner no.1 is a a lady, if she surrenders and pray for regular bail, the same shall be considered on its own merit without being prejudiced by the order of this Court and if possible to be disposed of on the same day and so far petitioner no.2 is concern, he shall surrender and pray for regular bail.

With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T