Chamcham Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68504 of 2022 Arising Out of PS. Case No.-90 Year-2022 Thana- BHAGWANPUR District- Begusarai ====================================================== Chamcham Devi, Wife of Birendra Choudhary @ Chhotan Choudhary, Resident of village - Chakanayat, P.S.- Bhagwanpur (Teyay OP), Dist.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Shantanu Kumar, App ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehend her arrest in Bhagwanpur (Teyay OP) P.S. Case No. 90 of 2022 registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506, 34 of the Indian Penal Code.

Prosecution case, in brief, is that while the informant was going to the field from his house and reached at the field then he saw that all the FIR named accused persons including this petitioner were hiding the liquor in his field and when it was objected by the informant then all the accused persons assaulted with iron rod on his head due to which he fell down. The allegation against the petitioner is that she assaulted on the head of the informant and snatched a gold pendent from his neck.

Patna High Court CR. MISC. No.68504 of 2022(4) dt.11-04-2023 2/2 It is submitted that petitioner has been falsely implicated in this case due to village politics. There is general and omnibus allegation against this petitioner. The doctor has found all the injuries sustained by informant are simple in nature. The allegation of snatching gold pendent is ornamental and has been added only to make the case grave. The petitioner is lady and has got clean antecedent.

Considering the facts aforesaid, the petitioner abovenamed, in the event of her arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Begusarai, in connection with Bhagwanpur (Teyay OP) P.S. Case No. 90 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) lata/- U T