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Patna High CourtCR. MISC./7466/2023allowed

Vibha Devi v. The State Of Bihar

2023-04-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7466 of 2023 Arising Out of PS. Case No.-507 Year-2022 Thana- SURSAND District- Sitamarhi ====================================================== VIBHA DEVI Wife of Mohan Ram Resident of Village- Shree Khandi, Bhitha, P.S.- Sursand, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends her arrest in a case registered for the offence punishable u/s 341, 323, 354(B), 307, 379, 504, 506/34 of the IPC.

Allegedly, the petitioner along with her husband brutally assaulted the informant's wife and daughter by means of iron rod due to which they sustained injury on head. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case due to prior enmity. No such occurrence, in the manner as alleged, has ever taken place. Petitioner is the sister-in-law of the informant. There is a land dispute between the parties and for that reason, she has been

Patna High Court CR. MISC. No.7466 of 2023(2) dt.13-04-2023 2/2 falsely implicated in this case. It is further submitted that the Doctor has found the injury may be dangerous to life but the nature of injury is not mentioned. Petitioner is a lady and has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is land dispute between the parties and nature of injury is not mentioned, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Sursand P.S. Case No.507 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T