Guriya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42457 of 2021 Arising Out of PS. Case No.-320 Year-2020 Thana- KHAIRA District- Saran ====================================================== Guriya Devi Wife Of Binod Prasad @ Vinod Sah R/O Village- Kadipur, Naviganj, Nagra, P.S.- Khaira, District- Saran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Advocate For the Opposite Party/s :

Mr.Rajesh Kumar, APP For the Informant :

Mr. Brij Bihari Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-04-2022 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. 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, 324, 307, 302, 354(B), 452 and 380 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons including the petitioner assaulted the informant and family members due to which they sustained injuries and later brother of the informant succumbed to the injuries.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of

Patna High Court CR. MISC. No.42457 of 2021(2) dt.28-04-2022 2/2 tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is a lady. It is alleged that she had given a knife blow on the informant. There is no allegation of assault alleged against the petitioner upon the deceased. The police after investigation submitted final form against the petitioner taking into consideration that in course of investigation the allegation against the petitioner was found to be false. Subsequently, the Court below differed with the police report and took cognizance against the petitioner also. On behalf of the State and the informant, 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, Saran at Chapra in connection with Khaira P.S. Case No. 320 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T