Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23015 of 2011 ====================================================== 1. Gauri Kumari 2. Bachchi Devi. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 7 17-10-2012 Heard learned counsels for the petitioners, opposite party no.2 and the State. The petitioners have renewed the prayer for anticipatory bail in a case registered for the offences punishable under [STATUTE] . Initially vide Cr. Misc. No. 1680 of 2011, anticipatory bail application was filed on behalf of Kunti Devi, Gauri Kumari and Bachchi Devi, when it was submitted that Kunti Devi snatched the victim child from her mother lap and Gauri Kumari and Bachchi Devi pressed the neck of child who subsequently died. On the basis of said submission Kunti Devi was granted anticipatory bail while the anticipatory bail application of Gauri Kumari and Bachchi Devi was disposed of with a direction to the learned court below to consider to grant regular bail preferably on the same day if mother of the victim child Arti Devi appears and Patna High Court Cr.Misc. No.23015 of 2011 (7) dt.17-10-2012 2/4 admits that the child died due to illness as she has already filed a petition to that effect before the learned court below. The learned counsel for the petitioner was directed to file certified copy of the FIR when it was found that in the FIR it is alleged that the victim child was snatched by Bachchi Devi and handed over to Kunti Devi when Kunti Devi and Gauri Kumari pressed the neck of the victim child when notice was issued to Kunti Devi who was earlier granted anticipatory bail on the basis of wrong submission with regard to the accusation. It is submitted on behalf of the petitioner that the certified copy of the FIR reflects that the accusation of pressing the neck is against Kunti Devi and Gauri KUmari when the mother of the victim child Arti Devi filed a petition before the learned court below that in fact the child died due to illness and due to old enmity, agnets had implicated the petitioners by causing injury on the neck of the victim child and compelled the mother of the victim child to make a false statement under Section 161 Cr. P.C. when the accusation was found false against Gauri Kumari and she was not sent up for trial but differing with the final form, cognizance was taken against Gauri Kumari. It is submitted by learned counsel for Kunti Devi that though there is accusation against her in the FIR of pressing the Patna High Court Cr.Misc. No.23015 of 2011 (7) dt.17-10-2012 3/4 neck of the victim child but the said accusation has been denied by the mother of the victim child and the accuracy of accusation in the FIR has been doubted by the investigating agency as a result of which Gauri Kumari with similar accusation has not been sent up for trial. Considering the aforesaid submission, particularly the fact that Kunti Devi has remained on bail for more than a year though due to the wrong submission with regard to accusation and due to non-availability of certified copy of the FIR, but It is not the claim of prosecution that she has misused the privilege of anticipatory bail, this Court is not inclined to cancel the bail of Kunti Devi. So far as Gauri Kumari and Bachchi Devi is concerned, though there is specific accusation against them in the FIR, but the mother of child from whose lap the victim child was snatched, has denied the accusation and Gauri Kumari with similar accusation to that of Bachchi Devi has not been sent up for trial which further clouds the accusation levelled in the FIR, let both the petitioners be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the Patna High Court Cr.Misc. No.23015 of 2011 (7) dt.17-10-2012 4/4 satisfaction of the learned Chief Judicial Magisrate, Lakhisarai in Connection with Surajgarha P.S. Case No. 213 of 2009, subject to the conditions as laid down under Section 438(2) Cr. P.C. Learned court below will be at liberty to cancel the bail of either of the petitioners if they default for three consecutive occasions. Amrendra/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.