Chandrawati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6725 of 2024 Arising Out of PS. Case No.-147 Year-2023 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Chandrawati Devi WIFE OF KRISHNA SAH @ KRISHNA PRASAD RESIDENT OF VILLAGE- KABIRPUR, PS- MAHMMADPUR, DISTGOPALGANJ ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar For the Opposite Party/s :
Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-02-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Mahammadpur Police Station Case No. 147 of 2023, dated 20.06.2023, disclosing offences punishable under Sections 341/323/304/504/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that in the morning of 18.06.2023, when the aunt of the informant was grooming the courtyard, in the mean while, hot exchange of words took place between the informant's aunt, namely, Kanti Devi and the petitioner. It has further been alleged that thereafter other co-accused
Patna High Court CR. MISC. No.6725 of 2024(2) dt.20-02-2024 2/3 persons arrived there and assaulted the informant's aunt, uncle and other family members.
4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to previous land dispute between the parties, who are agnates. He further submits that there is no allegation of assault against this petitioner, who is a lady, aged about 42 years.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the petitioner is a lady, having no allegation of assault upon the informant, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of four weeks from today, 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 learned 7th Additional Chief Judicial Magistrate, Gopalganj, in connection with Mohammadpur Police Station Case No. 147 of 2023, subject to the condition laid down under
Patna High Court CR. MISC. No.6725 of 2024(2) dt.20-02-2024 3/3 Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √