Khushboo Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36636 of 2021 Arising Out of PS. Case No.-600 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== KHUSHBOO KUMARI Wife of Deepak Kumar Resident of Village - Himatpatti, P.S.- Sahebganj, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Shashi Bhushan Kumar Manglam, Advocate For the State :

Mr.Suresh Prasad Singh, APP For the informant :

Mr.Hari Kishore Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

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

The petitioner is apprehending her arrest in a case registered under Sections 341, 342, 323, 324, 307, 504/34 of the Indian Penal Code.

Prosecution case, in short, is that on 12.11.2020 at 3.30 p.m. the informant's mother and wife were cleaning courtyard by water, some water overflowed towards the area of his cousin brother Deepak Kumar. Thereafter Deepak Kumar and his wife Khushboo Kumari (petitioner) started abusing them

Patna High Court CR. MISC. No.36636 of 2021(2) dt.25-05-2022 2/3 and when they forbade, Deepak Kumar brought a dagger and inflicted dagger blow upon the informant and when his mother and wife tried to rescue, Deepak Kumar caused injury to them by means of dagger.

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 petitioner. The petitioner has falsely been implicated in the present case. So far as the petitioner is concerned, there is no allegation of assault alleged against her. Petitioner is a lady. The case has been instituted after two days of the alleged occurrence. Delay has not been explained by the prosecution. Both the parties are agnates.

On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, 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 two sureties of the like amount each to the satisfaction of learned Additional

Patna High Court CR. MISC. No.36636 of 2021(2) dt.25-05-2022 3/3 Chief Judicial Magistrate-I (West), Muzaffarpur in connection with Sahebganj P.S. case No.600 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T