Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3956 of 2024 Arising Out of PS. Case No.-498 Year-2023 Thana- KUDHNI District- Muzaffarpur ====================================================== Rekha Devi W/O Mukesh Kumar R/O Village- Purshottampur, Kishanpur Mohan, P.S- Town, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Adil Abbas, Advocate For the Informant : Mr. Ram Naresh Singh, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-02-2024 Heard Mr. Adil Abbas, learned counsel for the petitioner, Mr. Ram Naresh Singh, learned counsel appearing on behalf of the Informnat and Mr. Manoj Kumar, learned APP for the State.

2. The petitioner is apprehending her arrest connection with Kudhni P.S. Case No. 498 of 2023, F.I.R. dated 21.09.2023 registered for the offences punishable under Sections 341, 323, 324, 379, 307, 447, 504, 506/34 of the Indian Penal Code.

3. Allegation against the petitioner is that she has assaulted the wife of the informant with iron rod due to which she sustained grievous injury.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and she has been falsely implicated in the present case. He further submits that the

Patna High Court CR. MISC. No.3956 of 2024(2) dt.07-02-2024 2/2 allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. He further submits that as per allegation in the F.I.R. the petitioner has assaulted the informant's wife with iron rod but the injury report does not support the allegation as alleged in the F.I.R. He further submits that from perusal of the F.I.R. it appears that the date of occurrence as alleged in the F.I.R. on 12.09.2023 but the present F.I.R. was instituted on 21.09.2023 after delay of nine days without any explanation of delay.

5. Learned counsel for the Informant as well as learned APP for the State, on the other hand, vehemently opposed the prayer for bail and submits that from perusal of the injury report which suggests that the informant's wife has received grievous injury due to present occurrence.

6. Considering the aforesaid facts and the nature of injury, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Kudhni P.S. Case No. 498 of 2023 pending in the Court of Chief Judicial Magistrate, Muzaffarpur.

7. Prayer is refused.

Ibrar//- (Rajesh Kumar Verma, J) U