Lalo Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62205 of 2018 Arising Out of PS.Case No. -473 Year- 2018 Thana -NAWADA District- NAWADA ====================================================== Lalo Devi, Wife of Ramotar Chauhan, Resident of Village- Mangura, P.S. Nawada (Kadirganj), District- Nawada.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Deepak Kumar, Advocate. For the Opposite Party : Mr. Abhay Kumar Roy, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending her arrest in a case for the offence registered under Sections 447, 341, 323, 354(B), 307, 379 and 504/34 of the IPC.

The prosecution story, in brief, is that on 08.07.2018 co-accused Ramautar Chauhan, agnate of the informant, armed with Garasa came to her door and started abusing her. She opposed it and co-accused Ramautar Chauhan caught her arm with bad motive and started dragging her and gave Garasa blow on her head with intent to kill and caused head injury. Other accused also came and seriously assaulted her with Lathi and other weapon and others went to save her and they were also assaulted.

Patna High Court Cr.Misc. No.62205 of 2018 (2) dt.11-10-2018 2/2 It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is case and counter case between the parties. The nature of injury is said to be simple. Hence, no offence under Section 307 of the IPC is made out. Rests of the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Nawada, in connection with Nawada Town (Kadirganj) P.S. Case No. 473 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T