Bachchi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22400 of 2021 Arising Out of PS. Case No.-459 Year-2020 Thana- HARSIDHI District- East Champaran ====================================================== Bachchi Devi, W/o Binod Patel Resident of Village- Dhawahi, P.S.- Harshidhi, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhurendra Kumar, Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending her arrest in connection with Harsidhi P.S. Case no. 459 of 2020 instituted for the offence under Sections 341, 323, 324, 307, 379, 354B, 504 and 506/34 and 302 of the Indian Penal Code.

As per allegation in the FIR, several accused persons including the husband of the petitioner abused and assaulted the

Patna High Court CR. MISC. No.22400 of 2021(4) dt.31-01-2022 2/3 informant and his family members. On protest, co-accused Vinod Raut (Patel) gave a knife blow on the neck of the informant, causing injury in the left side of his body and he fell down. Thereafter, his grandson came to rescue him, Vinod Raut (Patel) also inflicted knife blow on the head of his grandson. They also snatched Rs. 2500/- from the pocket of the informant and fled away.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence and has falsely been implicated in this case. She has got no criminal antecedent. Both the parties are neighbours. There is case and counter case between the parties. The occurrence is stated to have taken place at the gate of the police station but still there is delay of two days in lodging the FIR, which falsifies the case of the prosecution. Specific allegation of causing injury on co-accused Vinod Raut (Patel). Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of

Patna High Court CR. MISC. No.22400 of 2021(4) dt.31-01-2022 3/3 four weeks from today and in the event of her arrest or surrender in connection with Harsidhi P.S. Case no. 459 of 2020, G.R. No. 8188 of 2020, she will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U T