Indu Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66516 of 2022 Arising Out of PS. Case No.-340 Year-2022 Thana- NAUTAN District- West Champaran ====================================================== INDU DEVI W/o Jitendra Yadav R/v- Gahiri, Ward no. 07, P.S.- Nautan, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Aprajita For the Opposite Party/s :
Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-01-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending her arrest in a case registered for the offence punishable under Sections 341, 323, 325, 312, 354, 379, 504 and 34 of the Indian Penal Code pending in the learned court below.
Allegation against the petitioner is that she along with others co-accused persons assaulted the informant on her abdomen and other parts of the body and caused miscarriage and prevented a child being born alive.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that police did not recover any dead foetus as claimed by the informant, which creates suspicion on
Patna High Court CR. MISC. No.66516 of 2022(2) dt.17-01-2023 2/2 the story as well as the allegation made by the informant. He submits that doctor has fond only tenderness over abdomen and does not opined about the cause of miscarriage of foetus. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.
Per contra, learned APP for the State vehemently opposing the bail application and submitted that the allegation levelled as the petitioner is serious in nature. Hence, she does not deserve anticipatory bail.
Considering the injury report mentioned in the impugned order, I am not inclined to enlarge the petitioner on bail in connection with Nautan P.S. Case No. 340/2022. Accordingly, his prayer for anticipatory bail is hereby rejected. (Anjani Kumar Sharan, J) ajay/- U T