Bande Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32734 of 2015 Arising Out of PS.Case No. -111 Year- 2015 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Bande Devi Wife of Hazari Singh, resident of village - Khap Tola,P.S. - Nautan, District - West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Raj Kishore Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-08-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends her arrest in connection with a case registered for the offences punishable under Sections 147,148,149,341,323,325 and 302 of the Indian Penal Code. Learned counsel for the petitioner submits that both the parties are neighbours and the petitioner's side were making ditch in the informant's land and on protest being made by the informant's side, the petitioner along with two other ladies as well as other persons started abusing them and assaulted them causing injury to informant's wife, who died during her treatment in hospital. He further submits that there is no specific act of assault attributed against this petitioner except that they have caught hold

Patna High Court Cr.Misc. No.32734 of 2015 (2) dt.18-08-2015 P2/2 of the deceased.

Considering the nature of the allegation made in the First Information Report and also the fact the altercation arose out of a petty dispute and that there was no premeditation, let the petitioner, in the event of her arrest / surrender within a period of three weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Judicial Magistrate, 1st Class, Bettiah, West Champaran in connection with Nautan P.S. Case No. 111 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T