Rachana Kumari @ Archana Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25503 of 2024 Arising Out of PS. Case No.-14 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== RACHANA KUMARI @ ARCHANA KUMARI D/O RAVINDRA RAI R/O VILLAGE- BARDIHA TURKI, P.S- PATEPUR, DISTT.- VAISHALI. ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
SITA DEVI W/O VIJAY RAY R/O VILLAGE- BARDIHA TURKI, P.SPATEPUR, DISTT.- VAISHALI. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surya Kant Mishra, Adv.
For the Opposite Party/s :
Mr.Prem Kumar Jha, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 341, 323, 354(B), 307, 504, 506, 34 of the Indian Penal Code.
3. Allegedly, all the FIR named accused persons including the petitioner are said to have assaulted the informant and her family members brutally due to which they sustained injuries.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and he has committed no offence. No such occurrence as alleged ever took place. She
Patna High Court CR. MISC. No.25503 of 2024(2) dt.10-04-2024 2/3 has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. It is further submitted that the prosecution case is itself doubtful as the alleged occurrence is said to have taken place on 09.01.2023, but the FIR has been lodged after delay of six days on 15.01.2023 without giving any plausible explanation regarding such delay. There is no specific overt act against the petitioner. Similarly situated coaccused have been enlarged on bail by this Bench vide order dated 25.08.2023 passed in Cr. Misc. No. 53195 of 2023. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case, as similarly situated co-accused have been granted anticipatory bail, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six 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 the learned Court below where the case is pending/successor Court in connection with Patepur P.S. Case
Patna High Court CR. MISC. No.25503 of 2024(2) dt.10-04-2024 3/3 No. 14 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T