Single Judge granted bail to the petitioner, a female accused in a criminal case involving assault and murder allegations, directing removal of formal defects within one month.
The petitioner was released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each, subject to conditions under Section 438(2) CrPC.
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.30930 of 2022
Arising Out of PS. Case No.-66 Year-2022 Thana- AGAMKUAN District- Patna
====================================================== SAVITA DEVI WIFE OF ANIL KUMAR YADAV R/O- MOHALLABHAGWAT NAGAR, PRIYADARSHI NAGAR, P.S.- AGAM KUAN, DIST.- PATNA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shyamal Prakash For the Opposite Party/s : Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
4 04-01-2023
The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard the learned counsel for the petitioner and learned APP for the State.
The petitioner apprehends her arrest for the offences alleged under Sections 302, 379 and 34 of the Indian Penal Code, registered in connection with Agam Kuan P.S.Case No. 66 of 2022.
As per allegation, six named accused persons, including the present petitioner, variously armed, attacked the husband of the informant. At the order of co-accused Rajendra Yadav, co-accused Anil Kumar Yadav assaulted the husband of
Patna High Court CR. MISC. No.30930 of 2022(4) dt.04-01-2023 2/3
the informant with iron rod on his head. The informant was badly injured and fell down on the ground, whereupon all the accused persons assaulted him with brickbats, iron rod etc. The deceased breathed his last on way to the PMCH. There is also allegation against co-accused Sangita Kumari that she took Rs. 8000/- from the pocket of the husband of the informant.
The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is allegation that at the order of co-accused Rajendra Yadav, co-accused Anil Kumar Yadav assaulted the deceased. As such, specific allegation to assault is on Anil Kumar Yadav and not on the petitioner. He has submitted further that there are four male accused persons and two ladies have been arrayed as accused. The female members have falsely been implicated with the male members. They are not supposed to inflict the assault on the person of the deceased.
Considering the above facts and circumstances, especially the fact that the petitioner is a lady, let her abovenamed, in the event of her arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.30930 of 2022(4) dt.04-01-2023 3/3
learned Additional Chief Judicial Magistrate, Patna City, Patna in connection with Agam Kuan P.S.Case No. 66 of 2022, subject to the conditions as laid down under Section 438(2) Cr. P.C.
Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J)
HR/-
U T
1 issue framed by the court
Whether the petitioner, a female accused alleged in an assault case, be granted bail.
1 provisions across 1 enactments
Savita Devi Wife of Anil Kumar Yadav
The State of Bihar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
