Punam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35165 of 2021 Arising Out of PS. Case No.-176 Year-2020 Thana- GAMAHARIYA District- Madhepura ====================================================== 1.

Punam Devi D/O Kameshwar Sharma Resident Of Village- Chikni Kharh, Ward No. 11, P.S. Gamharia, District- Madhepura 2.

Pintu Sharma S/O Kameshwar Sharma Resident Of Village- Chikni Kharh, Ward No. 11, P.S. Gamharia, District- Madhepura 3.

Kameshwar Lsharma S/O Late Biranchi Sharma Resident Of Village- Chikni Kharh, Ward No. 11, P.S. Gamharia, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha, Advocate For the Opposite Party/s :

Mr.Anil Kumar Singh No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

Learned Counsel for the petitioners seeks permission to withdraw the present application on behalf of petitioner Nos.2 and 3, as the petitioner Nos.2 and 3 have been taken into judicial custody.

Permission is accorded.

The application filed on behalf of petitioner Nos.2 and

Patna High Court CR. MISC. No.35165 of 2021(2) dt.12-04-2022 2/3 3 is dismissed as withdrawn.

The petitioner No.1 is apprehending her arrest in a case registered under Sections 341, 323, 325, 307, 354, 379, 504, 506/34 of the Indian Penal Code.

Allegation against the petitioner No.1 is that she assaulted the informant by means of rod, due to which she sustained injury on her head.

It has been submitted on behalf of the petitioner No.1 that there is no allegation of tampering of witnesses alleged against the petitioner No.1. The petitioner No.1 has falsely been implicated in the present case. It is a case and counter case between the parties. Free fight is alleged to have taken place. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands. Petitioner No.1 is a lady.

On behalf of the State, it is submitted that the petitioner No.1 is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner No.1, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.35165 of 2021(2) dt.12-04-2022 3/3 two sureties of the like amount each to the satisfaction of learned J.M. 1st class, Madhepura in connection with Gamharia P.S. case No.176/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T