Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11812 of 2021 Arising Out of PS. Case No.-204 Year-2020 Thana- DEEPNAGAR District- Nalanda ====================================================== REKHA DEVI w/o Kailu @ Shaka Paswan R/o- VILLAGE JORARPUR, P.S. DEEPNAGAR, DISTRICT NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Advocate For the Opposite Party/s :

Smt. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-09-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioner is apprehending her arrest in connection with Deepnagar P.S. case No.204/2020 registered under Sections 341, 323, 302, 504/34 of the Indian Penal Code. Prosecution case, in short, is that on 16.07.2020 the wife of the informant was cleaning utensils of the door, the accused persons including the petitioner came and started using abusive language. When she protested, co-accused Kailu Paswan @ Shaka Paswan gave iron rod blow on her causing head injury, as a result of which she sustained severe injury and

Patna High Court CR. MISC. No.11812 of 2021(2) dt.16-09-2021 2/3 fell down on the ground. Thereafter the accused persons including the petitioner gave repeated blow by lathi, danda, fists and slaps. The wife of the informant was taken to the Hospital for treatment, where she succumbed to her injuries. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The main allegation of assault is alleged against the co-accused Kailu Paswan @ Shaka Paswan, who is alleged to have given fatal iron rod blow on the head of the deceased, So far the petitioner is concerned, she is alleged to have assaulted with fists and slaps upon the deceased.

Petitioner is a lady. The fatal injury is attributed against the co-accused. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on her personal bond to the satisfaction of learned C.J.M., Nalanda at Biharsharif in connection with Deepnagar P.S.

Patna High Court CR. MISC. No.11812 of 2021(2) dt.16-09-2021 3/3 No.204/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T