Binod Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22619 of 2021 Arising Out of PS. Case No.-114 Year-2020 Thana- BIND District- Nalanda ====================================================== 1.

BINOD PANDIT Son of Gauri Pandit Resident of Village - Jamsari, P.S.- Bind, District - Nalanda 2.

Vina Devi Wife of Binod Pandit Resident of Village - Jamsari, P.S.- Bind, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr. Pramod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-11-2021 Learned counsel for the petitioners seeks permission of the Court to withdraw this application in respect of petitioner no. 1 as he has been taken into judicial custody. Permission is accorded.

The application is dismissed as withdrawn in respect of petitioner no. 1.

Heard learned counsel for the petitioner No. 2 and learned APP for the State.

Learned counsel for the petitioner No. 2 is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner No. 2 is apprehending her arrest in a

Patna High Court CR. MISC. No.22619 of 2021(2) dt.01-11-2021 2/3 case registered under Sections341, 323, 307, 504, 34 of the Indian Penal Code.

The prosecution allegation, in short, is that the accused persons assaulted brother and son of the informant due to which they sustained injuries.

It has been submitted on behalf of the petitioner No. 2 that the petitioner No. 2 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner no. 2. The petitioner No. 2 has falsely been implicated in the present case. There is a case and counter case between the parties. A free fight is alleged to have taken place. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands. The petitioner no. 2 is a lady.

On behalf of the State, it is submitted that the petitioner no. 2 is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner No. 2, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.22619 of 2021(2) dt.01-11-2021 3/3 Judicial Magistrate, 1st Class, Biharsharif, Nalanda in connection with Bind P.S. Case No. 114/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T