Rajmani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64169 of 2023 Arising Out of PS. Case No.-433 Year-2021 Thana- DAUDNAGAR District- Aurangabad ====================================================== Rajmani Devi W/O Satyendra Paswan R/O Village- Patel Nagar, Ps. Daudnagar, Dist. Aurangabad (Bihar).

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Anand Kumar Ojha, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-10-2023 Heard Mr. Anand Kumar Ojha, learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends her arrest in connection with Daudnagar P.S. Case No. 433 of 2021, registered for the offences under Sections 341, 447, 323, 324, 308, 354(B), 342, 404/34 of the Indian Penal Code.

3. Allegedly all the accused persons including the petitioner barged into the house of the informant and started abusing and assaulting him and his family members. It is specifically alleged that the petitioner caught hold the hair of the wife of the informant and slapped her. The reason behind the said occurrence is said to be on 26.07.2021, the petitioner had

Patna High Court CR. MISC. No.64169 of 2023(2) dt.17-10-2023 2/3 confined the son of the informant in her house, but anyhow, he escaped from the clutches of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is a lady and save and except the allegation that she caught hold the hair of the wife of the informant and slapped her, there is nothing the allegation with regard to an occurrence which took place on 26.07.2021, keeping the son of the informant in confinement, there has neither been any F.I.R. nor any complaint to any authority. That apart, the occurrence which took place on 27.07.201, the F.I.R. has been registered on 30.07.2021, and no reason for delay has been assigned. He next submits that the impugned order does not discuss the nature of the injury, moreover the injury sustained to the injured has not been attributed to the petitioner. He next submitted that the petitioner has one criminal antecedent in connection with Bihar Prohibition and Excise Act, in which she is on bail.

5. On the other hand, learned counsel for the State opposes the bail application.

6. Considering the nature of injury and delay in lodging of the F.I.R. and the fact that the petitioner is a lady, let the petitioner abovenamed be released on bail, in the event of

Patna High Court CR. MISC. No.64169 of 2023(2) dt.17-10-2023 3/3 her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M, Daudnagar Aurangabad, Bihar in connection with Daudnagar P.S. Case No. 433 of 2021, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) shoaib/- U T