In a criminal miscellaneous petition, the Patna High Court granted bail to the petitioner, Savita Devi, in a case alleging amputation caused by the rejection of a settlement paper, citing her custody status and family context.
Petitioner Savita Devi directed to be released on bail on furnishing a bail bond of Rs. 10,000/ with two sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21557 of 2014
Arising Out of PS.Case No. -123 Year- 2013 Thana -DINARA District- SASARAM (ROHTAS) ====================================================== Savita Devi, W/o Suresh Singh Kushwaha Resident of Village Bhanas, P.S. Dinara (Bhanus), District Rohtas. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Nandan Sahay, Adv. For the Opposite Party/s : Mr. Narendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 3 26-08-2014 Heard learned counsel for the petitioner as well as learned APP for the State. Both hands of husband of informant namely, Radhe Shyam Singh were amputated on 06.06.2013 while the informant was away at her Naihar by the petitioner, Savita Devi. During said course, Lalan Singh caught hold of his head, Pintu Kumar both legs and Uma Devi hands since the injured had refused to put his signature over a paper tendered by them.
It has been submitted on behalf of the petitioner that allegation happens to be twisted by the informant. The victim was in the habit of teasing Uma Devi and Savita Devi regularly even being father-in-law (cousin) and that happens to be reason behind that in spite of having the victim admitted to Primary Health Centre, Dinara on 06.06.2013 itself and was medically examined
Patna High Court Cr.Misc. No.21557 of 2014 (3) dt.26-08-2014
2
on that very day, did not come forward to institute the case. After three days, when the informant came then only to give it a different colour weaved the story and got this case filed. Not only this, the witnesses during course of statement, more or less, have stated with regard to teasing both the lady accused at the end of victim, Radhe Shyam Singh. So, It has been submitted that even taking into account allegation, it was exercised to put safeguard upon their prestige. It has also been submitted that petitioner happens to be under custody since 26.08.2013.
On the other hand, learned APP opposed the prayer for bail and submitted that petitioner had crossed the barrier whereunder right of private defence is found exercisable to protect prestige though fairly concedes that it is not to be weigh under golden scale.
Accordingly, petitioner, Savita Devi is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of SDJM, Bikramganj (Rohtas) in connection with Dinara (Bhanus) P.S. Case No. 123/2013.
(Aditya Kumar Trivedi, J)
perwez
U T
2 issues framed by the court
whether the petitioner accused of causing amputation meets the requirements for bail.
whether the right of private defence applies given the circumstance of false evidence rejection.
Savita Devi
The State of Bihar
Aditya Kumar Trivedi
Perwez
UT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
