Baby Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29563 of 2022 Arising Out of PS. Case No.-267 Year-2021 Thana- BOCHAHAN District- Muzaffarpur ====================================================== BABY PATEL W/o Mr. Jai Ghanshyam @ Ghanshyam Patel Resident ofChaupar Madan, P.S.- Bochahan, District- Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mrs.Vaishnavi Singh, Advocate Mr. Ritwik Thakur, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned 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 147, 148, 149, 323, 307, 504, 505, 506, 120(B) of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case, in short, is that in a clash between the supporters of present Mukhiya and Ex-Mukhiya, firing took place from both the sides due to which members of both sides sustained injuries.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.29563 of 2022(2) dt.01-11-2022 2/2 petitioner. The petitioner has falsely been implicated in the present case. A scuffle is said to have taken place between the present and Ex-Mukhiya of the respective panchayat. There is no allegation of assault alleged against the petitioner. For political reason, the petitioner has been made accused in the present case. Except for this, there is no other substantive evidence to show that the petitioner is said to have caused injury to any of the victims. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur in connection with Bochahan P.S. Case No. 267 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T