Lila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76339 of 2023 Arising Out of PS. Case No.-249 Year-2022 Thana- SIKANDRA District- Jamui ====================================================== LILA DEVI WIFE OF RADHEY YADAV RESIDENT OF VILLAGE - SUNDARBAGH, P.S. - CHANDRADEEP, DISTRICT - JAMUI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar, Adv.

For the Opposite Party/s :

Mr.Madhura Nand Jha, APP.

Mr. Umesh Prasad, Adv.

Mr. Mrityunjay Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2023 Heard learned counsels for the parties.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354(A)(B), 504, 506 of the Indian Penal Code and later on 302 of the Indian Penal Code has been added.

3. Allegedly, all the accused persons including the petitioner assaulted the informant's side brutally. The specific allegation against the petitioner is that she along with co-accused Muniya Devi assaulted one Rinku Devi by means of lathi causing injury on her head.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She is an old lady and is suffering from many old aged diseases. No such occurrence as alleged ever took place. She has been falsely

Patna High Court CR. MISC. No.76339 of 2023(2) dt.05-12-2023 2/2 implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. The injury sustained by the victim is simple in nature, which is also evident from para 5 of the impugned order. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as the injury sustained by the victim is simple in nature, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sikandra P.S. Case No. 249 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T