Phulo Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74047 of 2018 Arising Out of PS. Case No.-127 Year-2015 Thana- PHULPARAS District- Madhubani ====================================================== Phulo Devi W/o Arendra Paswan Resident of Village- Belmohan, P.S. Phulparas, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No 13 For the Opposite Party/s :

Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections 147, 148, 149, 323, 324, 307, 353, 333, 427 and 216(a) of the Indian Penal Code. The prosecution case, in short, is that on secret information, the informant, along with police party, proceeded and when they reached the village, the accused persons started fleeing away in which one of them apprehended and others started trying to set him free and in that course, they attacked on police party due to which they sustained injury. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.74047 of 2018(2) dt.17-12-2018 2/2 petitioner. The petitioner has falsely been implicated in the present case. The petitioner is a lady. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -II, Jhanjharpur, Madhubani in connection with Phulparas P.S. Case No. 127 of 2015 (G.R. No. 629 of 2015), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T