Seema Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54220 of 2022 Arising Out of PS. Case No.-340 Year-2022 Thana- BUXAR District- Buxar ====================================================== SEEMA DEVI W/o Shashi Yadav Resident of Mohalla- Shanti Nagar, Buxar, Police Station, Buxar Town, District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Prasad Singh, Advocate For the Opposite Party/s :

Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Section 302 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner has antecedent of three cases and is a woman and the informant alleges that petitioner accused his son of stealing her mobile and assaulted him by bamboo rod causing injury on head and doctor declared him dead on arrival.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that no doubt during the course of investigation it has come that on account of dispute as the son of the

Patna High Court CR. MISC. No.54220 of 2022(2) dt.04-01-2023 2/2 informant had stolen the mobile of the petitioner, a dispute arose on which the petitioner had thrashed the son of the informant, but thereafter it has also come in the investigation that the deceased left his house and went near the railway station where he was found in an injured condition and was taken to hospital. Learned A.P.P. for the State opposes the prayer for bail of the petitioner and submits that from bare perusal of the order impugned, it would manifest that the deceased had head injury which gets corroborated from the allegation as alleged in the FIR.

In view of the submissions made by the learned APP , the Court is not inclined to release the petitioner on bail, however the petitioner would be at liberty to renew her prayer for bail after the examination of the informant in the trial. (Satyavrat Verma, J) Shivam/- U T