Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18594 of 2023 Arising Out of PS. Case No.-155 Year-2022 Thana- MEHANDIGANJ District- Patna ====================================================== BABITA DEVI W/O RANJIT KUMAR R/O RANIPUR UPRI GALI, P.SMEHANDIGANJ, DISTT.- PATNA. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

For the Petitioner/s :

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

Mr. Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-06-2023 Heard Mr. Vipin Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Mehandiganj P.S. Case No. 155 of 2022 dated 03.10.2022 registered for the offence punishable under Sections 323, 341, 447, 307, 379, 354, 504, 506 and 34 of the Indian Penal Code.

3. Prosecution story, in brief, is that the accused persons named in the FIR including the present petitioner, who is a lady, had assaulted the husband of the informant and her son in which they sustained injury.

4. Learned counsel appearing on behalf of the petitioner submitted that the allegation made in the FIR is general and omnibus in nature and no specific allegation has been made against the petitioner that it is the petitioner, who had

Patna High Court CR. MISC. No.18594 of 2023(2) dt.12-06-2023 assaulted the injured persons. It is further submitted that informant is not an eye witness to the alleged occurrence. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of the allegation made in the FIR against the petitioner as well as the fact that the petitioner has been dragged in the present case only because she is wife of the co-accused against whom allegation of assault has been made. I am of the opinion that petitioner has prima facie made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Patna City, Patna in connection with Mehandiganj P.S. Case No. 155 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) GauravSinha/- U T