Janki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41125 of 2024 Arising Out of PS. Case No.-326 Year-2021 Thana- ISLAMPUR District- Nalanda ====================================================== Janki Devi Son Of Kishori Ram Resident Of Village - Medi Math, Police Station - Islampur, District - Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-07-2024 Heard Mr. Anil Kumar Singh, learned counsel for the petitioner and Mr. Madan Kumar, learned APP for the State.

2. The petitioner is apprehending her arrest connection with Islampur P.S. Case No. 326 of 2021, F.I.R. dated 20.06.2021 registered for the offences punishable under Sections 341, 323, 447, 308, 504, 427, 337/34 of the Indian Penal Code.

3. Allegation against the petitioner is that she assaulted the informant with iron rod on her head due to which she sustained injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in the present case and due to previous dispute the present occurrence had taken place . He further submits that as per allegation in the

Patna High Court CR. MISC. No.41125 of 2024(2) dt.03-07-2024 2/3 F.I.R. that the petitioner assaulted with iron rod to the informant and the informant has received injury. Although she has received injury but the injury report of the informant suggests that the injury is simple in nature.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner and submits that there is specific allegation against the petitioner that she assaulted with iron rod to the informant and apart from that the petitioner carries one more case other than the present one but fairly submits on the basis of paragraph-3 of the petition that the petitioner is on bail in the pending matter.

6. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Islampur P.S. Case No. 326 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions :-

(1) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.41125 of 2024(2) dt.03-07-2024 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T