Shyamali Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54437 of 2015 Arising Out of PS.Case No. -108 Year- 2015 Thana -BACHWARA District- BEGUSARAI ====================================================== Shyamali Kumari, daughter of Late Rajendra Choudhary, residents of Village Bachhawara, P.S. Bachhawara, District- Begusarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sandip Kumar Gautam, Advocate For the State : Mr. Ajay Kumar 1, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 19-04-2016 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in a case registered for offences punishable under Section 147, 148, 149, 109, 341, 323, 324, 302, 307 of the Indian Penal Code and 27 of Arms Act. As per allegation about 12 persons have assaulted the informant, his son and his two brothers.

It is contended on behalf of the petitioner that so far the petitioner is concerned there is general and omnibus allegation of assault upon the brother of the informant along with co-accused Pokha Choudhary, Dipak Choudhary and Manoj Choudhary. In the occurrence son of the informant has died but the petitioner has not been named as assailant of the deceased

Patna High Court Cr.Misc. No.54437 of 2015 (3) dt.19-04-2016 2/2 rather such allegation is against Sanjay Choudhary, Pokha Choudhary, Parveen Choudhary, Vinod Choudhary and Keshav Choudhary. It is contended that four persons have assaulted the brother of informant but there is only one injury though it is grievous in nature. It is also urged that the petitioner is 18 years old unmarried girl having clean antecedent and admittedly there is a land dispute due to which entire family members including ladies have been implicated.

Having regard to the facts and circumstances of the case, let petitioner Shyamali Kumari be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Bachhawara P.S. Case No. 108/2015, on furnishing bail bond of Rs.10,000( Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Sri Pankaj Pandey, Judicial Magistrate 1st Class, Begusarai, subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure.

(Dr. Ravi Ranjan, J) Spd/- U T