Manisha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11292 of 2023 Arising Out of PS. Case No.-219 Year-2019 Thana- JOGAPATTI District- West Champaran ====================================================== Manisha Kumari D/O Alok Shahi R/O Vill.- Siswa Bhumihar, P.S.- Yogapatti(Nawalpur), Distt.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar,Adv.

For the Opposite Party/s :

Mr.Abhay Kumar Roy,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-03-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for grant of anticipatory bail in connection with Yogapatti (Nawalpur) P.S. Case No.219 of 2019, registered for offences under Sections 448, 341, 323, 324, 307, 379/34 of the IPC.

The allegation is regarding the accused persons including the petitioner herein having tried to break the septic tank of the informant, whereafter they had assaulted the informant and her family members as also had snatched a sum of Rs.5000/- and some ornaments, after breaking the

Patna High Court CR. MISC. No.11292 of 2023(2) dt.15-03-2023 2/3 box kept in the house of the informant.

The learned counsel for the petitioner has submitted that the petitioner is innocent, she has been falsely implicated in the present case and is having a fair antecedent.

The learned counsel for the petitioner has further submitted that a bare perusal of the First Information Report would show that a general and omnibus allegation has been levelled against the petitioner and others of assaulting one Neetu Rani, however, there is no injury report on record, as has been categorically averred in paragraph no.11 of the present petition. It is also submitted that the FIR has been lodged belatedly after 22 days, hence, apparently, the petitioner has been falsely implicated in the present case.

Having regard to the facts and circumstances of the case, taking into consideration the materials available on record as also considering the fact that the allegation regarding Neetu Rani being assaulted by the petitioner and others does not stand corroborated by any injury report, apart from

Patna High Court CR. MISC. No.11292 of 2023(2) dt.15-03-2023 3/3 the fact that similarly situated co-accused persons have already been granted anticipatory bail by this Court vide order dated 10.09.2020, passed in Criminal Miscellaneous No. 16969 of 2020, I deem it fit and proper to direct for release of the petitioner on anticipatory bail.

Accordingly, the above named petitioner is directed to be released on anticipatory bail in the event of her arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bettiah, West Champaran in connection with Yogapatti (Nawalpur) P.S. Case No.219 of 2019, subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) kanchan/sonalU T