Kajal Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68342 of 2021 Arising Out of PS. Case No.-263 Year-2019 Thana- MURLIGANJ District- Madhepura ====================================================== KAJAL KUMARI Daughter of Anil Paswan @ Dhorai Paswan Resident of village - Rampur, Ward No. 12, P.S. - Murliganj, District - Madhepura. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Shekhar Kumar Singh For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-07-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends her arrest in connection with Murliganj P.S. Case No. 263 of 2019, registered for the offences punishable under Sections 341, 379, 504, 506/34 of the Indian Penal Code and later on section 302 of the IPC was added. As per FIR when the informant's wife protested against bamboo cutting, co-accused Meera Devi abused her and the petitioner, Kajal Kumari inflicted rod blow on her head. She became injured and died after eighteen days. Thereafter, Section 302 of the IPC was added.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.68342 of 2021(2) dt.27-07-2022 2/2 when the petitioner assaulted the informant's wife, she was treated and the injuries were found simple but after eighteen days she died which shows that she was an old lady and due to some ailment she died.

On the other hand, learned Addl.P.P., Sri J.N. Thakur, has submitted that the petitioner is direct assailant. She assaulted the informant on her head that is vital part. She sustained injuries and after two weeks she breathed her last.

Considering the fact that the petitioner is direct assailant, she does not deserve the privilege for anticipatory bail. Accordingly, it is rejected.

If the petitioner surrenders before the court below and makes a prayer for regular bail, her bail petition shall be disposed of on its own merit without being prejudiced by this order. Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T