Chanda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73437 of 2023 Arising Out of PS. Case No.-56 Year-2023 Thana- GOPALPUR District- West Champaran ====================================================== Chanda Devi W/O Surendra Sharma Resident Of Village - Ganeshpur, P.S. - Gopalpur, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-11-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Gopalpur P.S. Case No. 56 of 2023 dated 02.05.2023 registered for the offences punishable under Sections 147, 148, 341, 323, 324, 307 and 379 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons holding deadly weapons assaulted the informant. Thereafter, the co-accused Deepu Sharma assaulted

Patna High Court CR. MISC. No.73437 of 2023(2) dt.29-11-2023 2/3 the informant with farsa on his head and the co-accused Surendra Sharma gave a blow of lathi on the right hand of the informant. When the informant's husband came to rescue, the co-accused Neepu Sharma assaulted her with iron rod causing injury. In the meantime, the petitioner assaulted on the head of Ahsan Ansari and the other co-accused persons also assaulted the informant and her family members.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is case and counter case between both the parties. Learned counsel has submitted that the injuries are simple in nature caused by hard and blunt substance. It is further submitted that the petitioner is a lady. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that there is specific allegation of assault against the petitioner on the vital part of the body.

7. Considering the aforesaid facts and circumstances of the case as well as the injuries being simple in nature, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on

Patna High Court CR. MISC. No.73437 of 2023(2) dt.29-11-2023 3/3 anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Bettiah, West Champaran in connection with Gopalpur P.S. Case No. 56 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T