Kiran Devi @ Kiran Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27803 of 2022 Arising Out of PS. Case No.-41 Year-2022 Thana- NAUGACHIA District- Bhagalpur ====================================================== Kiran Devi @ Kiran Kumari, W/O Dilip Kumar Verma R/O MohallaMakkhatakia, Ward No. 16, Naugachia, P.S.- Naugachia, District- Bhagalpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Vishwajeet Kumar Mishra For the State :

Mr. Rajendra Nath Jha For the Informant :

Mr. Bipin Kumar Mr. Arjun Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 326(B), 307 and 34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and informant alleges that the accused persons including the petitioner came and petitioner along with Ashok threw acid inside the house from the roof which burnt the clothes of his wife and son.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.27803 of 2022(2) dt.14-11-2022 2/3 petitioner has been falsely implicated in the present case. It is next submitted that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that the informant alleges that on account of acid being thrown by the petitioner and Ashok from his roof top inside the house, the clothes of his son and wife was burnt. It is next submitted that it may be a possibility that since the dispute was going on from before the informant himself in order to falsely implicate the petitioner, committed the occurrence and created evidence against her as it absolutely does not stand to reason that why only clothes were burnt.

The learned counsel for the informant as well as the learned Additional Public Prosecutor opposes the anticipatory bail application, but are not able to meet the submission of the learned counsel for the petitioner that in the F.I.R., it is alleged that the clothes of wife and son of the informant was burnt. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on her furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.27803 of 2022(2) dt.14-11-2022 3/3 amount each to the satisfaction of learned Court below where the case is pending in connection with Simri P. S. Case No.41 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T