Rina Devi @ Reena Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34606 of 2023 Arising Out of PS. Case No.-149 Year-2022 Thana- DAUDNAGAR District- Aurangabad ====================================================== RINA DEVI @ REENA KUMARI, W/O MANOJ YADAV, R/O VillageMahrani Bigha, P.S- Daudnagar, Distt.- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-07-2023 1.

Heard learned counsel for the petitioner and learned APP for the State of Bihar.

2.

The petitioner is apprehending her arrest in connection with Daudnagar P.S. Case No. 149 of 2022 registered for offence under Sections 341, 323, 324, 307, 504, 506 and 34 of Indian Penal Code but chargesheet was submitted under Sections 341, 323, 324, 308, 504, 506 and 34 of Indian Penal Code.

3.

From the prosecution case, it is apparent that the allegation of assault by knife against the petitioner, who happens to be own sister-in-law of the informant, is in the process of asserting rights over the ancestral property. 4.

It is submitted by learned counsel for the petitioner that the prosecution case is mala fide to coerce the petitioner

Patna High Court CR. MISC. No.34606 of 2023(2) dt.21-07-2023 2/3 and her husband to part with certain share to which they are legally entitled and in fact over such trivial dispute, scuffle ensued, leading to some minor injuries being sustained by both sides. The petitioner is a lady having clean antecedents and apprehending her arrest under such circumstances. 5.

Learned APP for the State has opposed the prayer for bail.

6.

Considering the rival submissions, the nature of allegations, simple injuries as per the injury report and clean antecedents, this Court is inclined to allow petitioner's prayer for grant of anticipatory bail.

7.

Petitioner's prayer for anticipatory bail is allowed. 8.

Accordingly, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Daudnagar, in connection with Daudnagar P.S. Case No. 149 of 2022, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will

Patna High Court CR. MISC. No.34606 of 2023(2) dt.21-07-2023 3/3 give an affidavit giving genealogy as to how he is related with the petitioner.

The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shashank/- U T