Pachratni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21016 of 2024 Arising Out of PS. Case No.-293 Year-2023 Thana- PIRO District- Bhojpur ====================================================== PACHRATNI DEVI WIFE OF LATE INDRADEVO SINGH R/OJAMUAW P.S.-PIRO, DISTT.-BHOJPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s =============================================== ======= Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in connection with Piro P.S. Case No. 293 of 2023 dated 28.06.2023 instituted for the offence punishable under Sections 341, 323, 325, 504, 506, 307/34 of the IPC.
3. As per prosecution case, the informant and her family members were severely beaten up by the FIR named accused persons including the petitioner on a very trivial issue of throwing garbage at the door of the informant. The prosecution party received severe injury, as alleged, in the said occurrence.
4. Learned counsel for the petitioner submits that petitioner is a lady aged about 92 years of advanced age and she has
Patna High Court CR. MISC. No.21016 of 2024(2) dt.15-04-2024 2/3 falsely been implicated in this case. There is no specific allegation against her. It is submitted that there is case and counter case between them. Prior to the present FIR, a case bearing Piro PS Case No. 291/2023 has been lodged by the petitioner for the offence punishable under Sections 341, 323, 325, 504, 506, 307/34 of the IPC. Learned counsel next submits that the date of occurrence is 24.06.2023 but the FIR has been lodged on 28.06.2023 and the said FIR was sent to the court below on 07.07.2023 and there is no cogent explanation for the said delay. Lastly, it has been submitted that the petitioner got no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Piro P.S. Case No. 293 of 2023, she will be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sonal Vishwas learned Judicial Magistrate, Bhojpur/the court concerned, subject to conditions as laid down under Section 438(2) of the
Patna High Court CR. MISC. No.21016 of 2024(2) dt.15-04-2024 3/3 Cr.P.C.
(Khatim Reza, J) perwez U T