Priyanka Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11789 of 2020 Arising Out of PS. Case No.-81 Year-2016 Thana- SANGRAMPUR District- East Champaran ====================================================== PRIYANKA KUMARI D/o Harendra Singh Resident of Village - Madhubani, P.S.- Sangrampur, Distt - East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sangeet Deokuliar, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-06-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending her arrest in connection with Sangrampur P.S. Case No. 81 of 2016, registered for the offence punishable under sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code.

As per allegation in the FIR, the accused persons including the petitioner herein are stated to have come variously armed and the petitioner is stated to have given a blow with a Tanguli (small axe) on the head of the informant. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. As

Patna High Court CR. MISC. No.11789 of 2020(2) dt.18-06-2020 2/3 would be evident from the injury report of the informant, brought on record as Annexure-3 to the petition, he sustained two lacerated wounds caused by hard and blunt substance which were simple in nature. It is submitted that the injury caused by small axe would be incised. The petitioner is a lady, having no criminal antecedent. It is further submitted that after investigation final form (Annexure-4) was submitted in the case not sending the petitioner for trial, however differing with the same, the learned Magistrate took cognizance in the matter. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the injury report, the final form submitted after investigation and the petitioner having no criminal antecedent, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of her arrest or surrender in connection with Sangrampur P.S. Case no. 81 of 2016, she will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-14, Motihari, East

Patna High Court CR. MISC. No.11789 of 2020(2) dt.18-06-2020 3/3 Champaran subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) sushma/- U T