Pooja Kumari @ Puja Kumari v. The State Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18561 of 2024 Arising Out of PS. Case No.-608 Year-2023 Thana- BUXAR District- Buxar ====================================================== Pooja Kumari @ Puja Kumari wife of Chandan Kumar Village- Sohani Patti W.No-21, Ps- Buxar T. Dist- Buxar ... ... Petitioner/s
Versus
The State Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Advocate For the Opposite Party/s :
Mr. Md. Matloob Rab, APP For the Informant :
Mr. Ravi Shankar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-04-2024 Heard learned counsel for the petitioner; learned counsel for the informant and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Buxar Town P.S. Case No. 608 of 2023 dated 03.11.2023, instituted for the offence punishable under Sections 341, 323, 324, 307, 504, 506, 34 of the Indian Penal Code.
3. The prosecution case, in short, is that informant was sitting at her house. In the meantime, petitioner along with other co-accused armed with deadly weapon came and started abusing and assaulting due to which the informant sustained head injury. When informant's husband Munmun Prasad, his elder son Yash and her Gotani Mamta Devi came to rescue them then all accused persons also assaulted them due to which they
Patna High Court CR. MISC. No.18561 of 2024(2) dt.15-04-2024 2/3 also sustained injury.
4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this case. It is further submitted that petitioner is the wife of coaccused Chandan Kumar and both the parties are agnates. It is further submitted that there is no specific allegation against the petitioner rather the allegation is found to be general and omnibus in nature. It is further stated that petitioner is a housewife and she has nothing to do with the occurrence and her name has been dragged in this case to make pressure upon her husband and others for compromising another case bearing Buxar (T) P.S. Case No. 241 of 2023. Lastly, it has been submitted that the petitioner has one criminal case against her.
5. Learned A.P.P. and learned counsel for the informant vehemently opposed the prayer for 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 Buxar Town P.S. Case No. 608 of 2023 , she shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
Patna High Court CR. MISC. No.18561 of 2024(2) dt.15-04-2024 3/3 sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) sankalp/- U T