Rama Devi @ Rama Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81550 of 2019 Arising Out of PS. Case No.-352 Year-2019 Thana- RAJIVNAGAR District- Patna ====================================================== RAMA DEVI @ RAMA KUMARI W/o Sri Manoj Kumar Resident of Village - Shaktipuram Lane No.2, Vijay Nagar, P.S.- Rupaspur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Moleshwar For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-02-2020 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner is apprehending her arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 326, 307, 354A, 379, 452 of the Indian Penal Code. The prosecution case is that the informant has two sons and four daughters. The informant has been living with her youngest son namely Sudhansu Shekhar. Due to property dispute, on 15.07.2019, the elder son of the informant namely Manoj Kumar along with 8-10 accused persons came to the house of younger son of the informant and asked him to vacate the house otherwise kill him. On 17.07.2019, informant's elder son namely Manoj Kumar and other accused persons including

Patna High Court CR. MISC. No.81550 of 2019(2) dt.14-02-2020 2/3 the petitioner entered into house of younger son of informant and co-accused Manoj Kumar and the petitioner gave knife blow to the informant whereas co-accused Sanjeev Kumar and Devendra Kumar had caught hold of her and when her younger son and his wife and daughter of the informant came to rescue her, all the accused persons including the petitioner assaulted them.

It has been submitted on behalf of the petitioner that the petitioner is innocent and has been falsely implicated in the present case. He submits that there is case and counter case against them. He submits that the present alleged occurrence arises out of dispute concerning family property. In this connection, it is pertinent to assert that the informant's younger son Sudhanshu Shekhar had already got his share in the joint family property but he has greedy eyes over the self acquired property of Manoj Kumar and his wife. He submits that the injury upon the informant has been found to be simple in nature. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail petition.

In the facts and circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of six weeks from the

Patna High Court CR. MISC. No.81550 of 2019(2) dt.14-02-2020 3/3 date of receipt of the order, be released on 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 Sub-Judge-III-Cum-A.C.J.M.-III, Patna in connection with Rajiv Nagar Police Station Case No. 352 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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