Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65546 of 2018 Arising Out of PS.Case No. -104 Year- 2018 Thana -GANGABRIDGE DistrictVAISHALI(HAJIPUR) ====================================================== Anita Devi, W/O Sujeet Kumar Rai, R/V- Madarpur Hilalpur, P.S. Ganga Bridge, District-Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Mukesh Kumar, Advocate. For the Opposite Party : Mr. Yogendra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-10-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending her arrest in a case for the offence registered under Sections 324 and 307 of the IPC. The prosecution story, in brief, is that after death of mother of the informant in the year 2009, his father five years before solemnized second marriage with Anita Devi (petitioner) without informing anyone. The petitioner always used to go out from her house and returned in late night. On 21.06.2018 at about 10.00 P.M. his step mother Anita Devi (petitioner) came to her house then his father scolded and asked her about coming in late night due to which, quarrel took place between them then the informant also asked to her regarding quarrel always taking place in his house in late night then petitioner given knife blow on his

Patna High Court Cr.Misc. No.65546 of 2018 (2) dt.29-10-2018 2/2 stomach and left elbow. Thereafter, on hulla, villagers assembled there and taken away to Hospital for his treatment. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Nature of injury is said to be simple. Hence, no offence under Section 307 of the I.P.C. is made out in the present case. On behalf of the learned counsel for the State, it has been 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 or surrender before the learned court below within a period of six 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 the learned C.J.M., Vaishali at Hajipur, in connection with Ganga Bridge P.S. Case No. 104 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T