Vibha Kumari @ Vibha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9529 of 2020 Arising Out of PS. Case No.-75 Year-2019 Thana- BALIGAON District- Vaishali ====================================================== Vibha Kumari @ Vibha Devi, aged about 29 years, Female, Wife of Mithlesh Ray, Resident of Village - Paharpur, P.S.- Mahua, District- Vaishali, at present D/O - Chandrashekhar Ray @ Chandashekahar Ray, Resident of Village - Champapur Agrail, Agrail Khurd, P.S.- Baligaon, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Ranjan No.II, Advocate For the Opposite Party/s :
Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-06-2020 Heard the parties through the virtual court proceeding. The petitioner apprehends her arrest in connection with Baligaon P.S. Case No.75 of 2019 registered for the offences punishable under Sections 341, 342, 323, 307, 379, 414, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case in short is that the informant Mithlesh Ray submitted his application before the S.H.O. of Baligaon P.S. alleging inter alia that his wife Vibha Devi has illicit relation with one Ravindra Kumar and she lives with him openly in her maike at the instance of one Sanju Ray since last one year. It is further alelged that on 31.07.2019 at about 8.30 a.m. came from his house for vedai and in the evening his wife
Patna High Court CR. MISC. No.9529 of 2020(2) dt.17-06-2020 2/3 has called the said Ravindra Kumar and Sanju Ray and when he came out from Aangan then Jitendra Kumar assaulted him and abused him then Ravindra Kumar and Sanju Ray committed firing upon him but any how he escaped there and after seeing the villagers, they fled there after left the motorcycle which was given to the police by the villagers.
Learned counsel for the petitioner submits that the petitioner is innocent, has committed no offence and has falsely been implicated in this case. He further submits that there is general and omnibus allegation against the petitioner. Learned counsel for the petitioner further submits that the petitioner has filed a complaint case before the learned C.J.M., Vaishali at Hajipur bearing Complaint Case No.2374 of 2019 for the offences under Sections 498(A)/34/354 I.P.C. against the informant and his family members in which she has cat3egorically stated about the present case which has been lodged by the informant after making a concocted story. Learned counsel for the petitioner further submits that there is no injury found to t he informant and the petitioner is the wife of the informant.
Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.9529 of 2020(2) dt.17-06-2020 3/3 In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of C.J.M., Vaishali at Hajipur in connection with Baligaon P.S. Case No. 75 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Nasimul/- U T