Priya Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.71748 of 2018 Arising Out of PS. Case No.-153 Year-2017 Thana- TAJPUR District- Samastipur ====================================================== Priya Kumari D/o of Late Deepak Kumar Resident of Village-Chakle Waini,P.s. Waini O.P.,Distt.-Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dilip Kumar Roy For the Opposite Party/s :
Mr.. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending her arrest in a case registered under Sections 147, 149, 341, 323, 447, 307 and 302 of the Indian Penal Code.
The prosecution case, in short, is that on a trivial issue, the son of the informant was assaulted by the deceased due to which he sustained injury and later succumbed to the injury.
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. There is a case and counter case between the parties. The injury on the accused side has not been explained by the
Patna High Court Cr.Misc. No.71748 of 2018(2) dt.20-12-2018 2/2 prosecution. The prosecution has not come with clean hands. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. 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 six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -1, Samastipur in connection with Tajpur (Waini) P.S. Case No. 153 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T