Manorma Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34562 of 2023 Arising Out of PS. Case No.-167 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Manorma Devi, aged about 42 years, Wife of Raj Kumar Sah, Resident of Village-Siswa Ajgari Pandalwa Tola Ward No. 7, P.S.- Banjariya District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Raj Kishor Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in connection with Turkauliya (Banjariya) P.S. Case No. 167 of 2023 dated 03.02.2023 instituted under Sections 447, 341, 323, 324, 307, 354(B), 504, 506 and 379/34 of the Indian Penal Code.

3. As per the prosecution case, the FIR named accused persons including the petitioner came to the house of the informant and started abusing and assaulting the informant. The petitioner and his son gave lathi blow on the head of the informant. When the informant's wife came to rescue him the accused persons also assaulted and molested her and snatched gold mangal-sutra from her.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.34562 of 2023(2) dt.21-07-2023 2/2 petitioner is innocent and has committed no offence and has been falsely implicated in this case. Learned counsel for the petitioner further submits that both the parties are agnates and there is dispute relating to pathway. There is only one injury on the injured, which is simple in nature. Petitioner is a lady having no criminal antecedent.

5. Learned APP opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate-1st Class, Motihari, East Champaran in connection with Turkauliya (Banjariya) P.S. Case No. 167 of 2023, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Anand Kr.

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