Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38123 of 2021 Arising Out of PS. Case No.-242 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== 1.

SHANTI DEVI W/O- Naresh Pandit Resident of Village - Khemai Patti, P.S. - Minapur, Dist- Muzaffarpur.

2.

Naresh Pandit S/o- Ramchandra Pandit Resident of Village - Khemai Patti, P.S. - Minapur, Dist- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Sujata Sinha, Adv.

For the Opposite Party/s :

Mr.Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-03-2022 Heard the parties.

Learned counsel for the petitioners undertakes to remove the defects as pointed out by the office, within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, the office will place the matter before the Bench.

At the very outset, learned counsel for the petitioners seeks permission to withdraw the prayer for anticipatory bail as against petitioner no.2, as he has already been arrested, during pendency of this case.

Permission is granted.

Accordingly, the prayer for anticipatory bail made

Patna High Court CR. MISC. No.38123 of 2021(2) dt.03-03-2022 2/3 through the instant application, on behalf of the petitioner no.2 is dismissed as withdrawn.

Now, the present application is being heard on the prayer of anticipatory bail as against petitioner no.1 only. The petitioner no.1 apprehends her arrest in a case in connection with Minapur P.S. Case no.242/2020, registered for the offence punishable under Sections 341/347/323/325/307/504/34 of the Indian Penal Code. Allegedly, all the FIR named accused persons including the petitioner no.1 surrounded the informant and started brick baiting, due to which he sustained head and finger injuries. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case. No such occurrence as alleged has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature.

There is case and counter case between the parties. Police after investigation filed the final form against the accused persons and the petitioner no.1 is a lady and has no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner no.

Patna High Court CR. MISC. No.38123 of 2021(2) dt.03-03-2022 3/3 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 Minapur P.S. Case no.242/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T