Manoj Chaurasia vs The State Of Bihar
2021 Latest Caselaw 293 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.28061 of 2020
     Arising Out of PS. Case No.-107 Year-2020 Thana- BHABHUA District- Kaimur (Bhabua)
     ======================================================

1. Manoj Chaurasia, aged about 32 years, male, S/o Bhikhari Chaurasia,

2. Sumitra Devi, aged about 30 years, Female, W/o Manoj Chaurasia, Both resident of Village- Sheopur, P.S.- Sonhan, District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 22-01-2021

The matter has been heard via video conferencing.

2. Heard Mr. Tribhuwan Narayan, learned counsel for

the petitioners and Mr. Jharkhandi Upadhyay, learned In-charge

Additional Public Prosecutor (hereinafter referred to as the

'APP') for the State.

3. Learned counsel for the petitioners submitted that

petitioner no.1, Manoj Chaurasia, has been arrested and thus, he

may be permitted to withdraw the application on his behalf.

4. In view thereof, the application is limited to the

petitioner no. 2, namely, Sumitra Devi.

5. The petitioner no.2 apprehends arrest in connection

with Bhabua (Sonhan) PS Case No.107 of 2020 dated Patna High Court CR. MISC. No.28061 of 2020 dt.22-01-2021

18.02.2020 instituted under Sections 147/148/149/341/323/379/

337/302/307/324/504/506 of the Indian Penal Code.

6. The allegation against the petitioner no. 2 and

others is of general assault on the deceased, who was the father

of the informant and specifically against the petitioner no.2 is

that she along with two other accused had dragged the informant

and threw him in a well.

7. Learned counsel for the petitioner no.2 submitted

that the parties are agnates and there was dispute with regard to

building a house and the informant's side was the aggressor. It

was submitted that there is a counter case also from the side of

the petitioner no.2 and they have also sustained grievous

injuries. Learned counsel submitted that there is only general

and omnibus allegation of assault and even with regard to

dragging the informant and throwing him into a well, the

allegation is cosmetic. Learned counsel further submitted that

no injury report has been produced with regard to the informant.

Learned counsel submitted that the petitioner no. 2 is a lady and

has no criminal antecedent.

8. Learned APP submitted that the petitioner no.2 was

also party to the assault and the allegation is that petitioner no.2

and two others had dragged the informant and thrown him in a Patna High Court CR. MISC. No.28061 of 2020 dt.22-01-2021

well from where he was rescued and taken to hospital.

9. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the petitioner no.2 be released on bail

upon furnishing bail bonds of Rs.25,000/- (twenty five

thousand) with two sureties of the like amount each to the

satisfaction of the CJM, Kaimur at Bhabua, in Bhabua (Sonhan)

PS Case No. 107 of 2020, subject to the conditions laid down in

Section 438(2) of the Code of Criminal Procedure, 1973, and

further (i) that one of the bailors shall be a close relative of the

petitioner, (ii) that the petitioner and the bailors shall execute

bond/undertaking with regard to good behaviour of the

petitioner. Any violation of the terms and conditions of the

bonds or the undertaking shall lead to cancellation of her bail

bonds.

10. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T