The Court enlarged a female petitioner on bail in a criminal case alleging assault and land dispute, subject to a bond and conditions under Section 438(2) CrPC.
Petitioner enlarged on bail by furnishing a bond of Rs. 10,000/- with two sureties of the same amount to the satisfaction of the Chief Judicial Magistrate.
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.10814 of 2017
Arising Out of PS.Case No. -23 Year- 2016 Thana -PARWATTA District- KHAGARIA
====================================================== 1. Ranju Devi Wife of Ramchandra Mishra, Resident of Village- Kabela, P.S.- Parbatta, District- Khagaria.
.... .... Petitioner/s
Versus .... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Mritunjay Prasad Singh For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 16-03-2017 Heard both sides.
The petitioner apprehends his arrest in Parbatta P.S. case No. 23 of 2016 under Section 307 and other Sections of the Indian Penal Code.
The informant alleged that while he was getting his house constructed on his land, Ramchandra Mishra, Sonu Mishra, Monu Mishra, Ranju Devi, the petitioner, and others came and began to abuse the informant. They were claiming the land to be their own. Ramchandra Mishra and Sonu Mishra assaulted the informant with spade on his head. When Pappu Mishra and Ankit Raj came to save the informant they were also assaulted and when mother of the informant came to save the informant the petitioner
is alleged to have assaulted the mother of informant.
Patna High Court Cr.Misc. No.10814 of 2017 (2) dt.16-03-2017
2/2
It is submitted that petitioner is said to have assaulted the mother of informant with Lathi but the injuries found on the person of mother of informant are found to be simple in nature. The petitioner is a lady and other accused persons have already been granted anticipatory bail.
Considering the facts aforesaid and the nature of allegations made against the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in Parbatta P.S. Case No. 23 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J)
BKS/-
U T
1 issue framed by the court
Whether the petitioner is entitled to be enlarged on bail in the pending criminal case.
2 provisions across 2 enactments
Ranju Devi
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
