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Patna High CourtCR. MISC./4356/2025bail granted

Pinki Devi v. The State Of Bihar

2025-02-12Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4356 of 2025 Arising Out of PS. Case No.-771 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Pinki Devi W/o- Mithun Mahto Village- Gobind Bigha, Ps- Lakhisarai DistLakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar, Adv.

For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-02-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in a case registered for the offences punishable in connection with Lakhisarai (Kabaiya) P. S. Case No.771 of 2023 under Sections 448, 323, 406, 354A, 342, 376, 571, 504 and 506 of the Indian Penal Code.

3. As per the prosecution, the FIR has been lodged against two named accused persons including the petitioner against whom there is allegation of rape against the husband of the petitioner and upon halla, they in connivance with each other provided poison and, thereafter, threatened the informant to kill her.

4. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.4356 of 2025(2) dt.12-02-2025 2/3 petitioner is innocent and has committed no offence. He submits that she is a lady and from the F.I.R., it becomes crystal clear that the dispute is relating to sale of land and allegation of attempt to rape and to provide poison.

5. Learned Counsel further submits that after investigation, police has submitted final form, but subsequently, trial Court has taken cognizance. The said final form is annexed as Annexure-2 of the bail petition.

6. Learned Counsel also submits that antecedent of the petitioner is clean.

7. Learned counsel for the informant vehemently opposes the prayer for bail and submits that the husband of the petitioner has taken Rs.7 lac and they are culprit.

8. Learned APP for the State opposes the prayer for bail and submits that final form has been submitted vide Annexure-2.

9. In the present facts and circumstances, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Lakhisarai

Patna High Court CR. MISC. No.4356 of 2025(2) dt.12-02-2025 3/3 in connection with Lakhisarai (Kabaiya) P. S. Case No.771 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T