Jasia Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58337 of 2018 Arising Out of PS.Case No. -35 Year- 2015 Thana -SARE District- NALANDA (BIHARSHARIFF) ======================================================

1. Jasia Devi, W/o Shiv Balak Choudhary, Resident of VillageKhetalpura, Police Station- Sare, District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Premchandra Yadav For the Opposite Party/s : Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Sare P.S. Case No. 35/2015, instituted for the offences under Sections 147, 148, 149, 323, 341, 342, 324, 325, 326, 307 and 302 of the Indian Penal Code.

It is alleged in the written report that when the informant, his father and his sister were carrying the bundles of wheat near Mahto Tola Pul, this petitioner along with other F.I.R. named accused persons armed with sword, Khanti, Kudal and Fasli surrounded the father of informant and caused injury in his abdomen, hand and leg. When the informant went to save his father, he was also assaulted in abdomen, head and another part of

Patna High Court Cr.Misc. No.58337 of 2018 (3) dt.31-10-2018 2/2 body. Sister of informant, namely, Babita Devi, was also assaulted. She sustained fracture in her hand. The injured were taken to P.M.C.H., where father of informant was declared dead and condition of the informant was also serious. Case diary has been received in this case.

Further statement of the informant has been recorded in para 43 of case diary, wherein he has levelled specific allegation against this petitioner of causing injury in his abdomen by sharp cutting weapon.

Injury report of the informant is available in case diary, wherein doctor has found injury of size 10"x3"x3" on the abdomen and also two other injuries have been found. Patient was referred to P.M.C.H.

In view of such, this Court is not inclined to grant bail to the petitioner at this stage. Accordingly, prayer for bail of petitioner is rejected.

Petitioner is given liberty to renew his prayer for bail after six months in the event no substantive progress is made in trial.

(Sanjay Priya, J.) Rakhi U T