IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 18063 of 2009 Gita Devi, wife of Ram Uday Sharma, resident of Village - Kalyanpur, Police Station - Paliganj, District - Patna - Petitioner Versus State of Bihar - Opposite Party ----------- 2 27.05.2009 The petitioner, who is lady, apprehends arrest in Paliganj Police Station Case No 1 of 2009 instituted under Sections 302 and 120B/34 of Indian Penal Code. It is alleged that between two neighbours, who are Gotiyas, there was scuffle. This lady caught hold of deceased whereas others assaulted the deceased on head because of which the deceased suffered injuries and was taken to hospital where he died. Mr Yogesh Chandra Verma submits that the whole allegation is absolutely false in every bit of it. He submits that in fact there was an existing dispute with regard to partition in the Gotiyas. The deceased in fact fell from the roof. On that day, he was taken to hospital (Patna Medical College and Hospital). In course of treatment, he died. After his death and taking advantage thereof, this false first information report has been lodged. To support his contention, he has referred to the ordersheet of the learned Sessions Judge. While dealing with the anticipatory bail application, the learned Sessions Judge has summoned the records of Patna Medical College and Hospital and, in particular, the bed head ticket of the deceased. Copies thereof have also been filed. In the bed head ticket, it is clearly mentioned that it is a case of head injury due to fall from height at 4 pm. It is further stated that there was no external injury on the body. What surprises this Court is that inspite of these records having been summoned by the learned Sessions Judge, 2 Patna and being there before him, he has chosen to ignore them while dealing with the matter and rejected the application of the petitioner holding that there were serious allegations against the petitioner and, as such, the application could not be entertained. For the reasons aforesaid, if the petitioner surrenders before the Court below within four weeks from today, she shall be released on bail on her furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Danapur, Patna in Paliganj Police Station Case No 1 of 2009 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. M.E.H./ (Navaniti Prasad Singh)