Nisha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43698 of 2017 Arising Out of PS.Case No. -3 Year- 2017 Thana -BELDAUR District- KHAGARIA ====================================================== Nisha Kumari, Wife of Anil Kumar Singh, Resident of Village- Akaha, P.S.- Beldaur, District- Khagaria.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Mrityunjay Kumar, Advocate For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-09-2017 Heard both sides.

Petitioner apprehends her arrest in Beldour P.S. Case No.3 of 2017 under Section 307 and other Sections of the Indian Penal Code.

The informant alleged that while he was putting fertilizer in his field, the petitioner, her husband and son forbade him on the order of Anil Kumar Singh. The husband of the petitioner Abhijit Kumar, the son of the petitioner assaulted the informant with lathi on his head. The petitioner and her husband are alleged to have assaulted the informant with fists and slaps. Petitioner is further alleged to have taken Rs.3,500/- from the possession of the informant.

Learned counsel for the petitioner submits that petitioner

Patna High Court Cr.Misc. No.43698 of 2017 (2) dt.21-09-2017 2/2 is a lady and she did not take part in the occurrence. During the course of investigation, none of the witness except the informant supported the prosecution case and made any allegation against the petitioner. The Investigating Officer, after investigation, submitted final form, finding the case false against the petitioner but the learned court below took cognizance merely on the statement of the informant against the petitioner. Considering the facts aforesaid that police after investigation did not find the case true against the petitioner, petitioner above named, in the event of her arrest or surrender before the court below within four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate III, Khagaria in connection with Beldour P.S. Case No.3 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J) N.H./- U T