Punita Devi @ Punita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17474 of 2016 Arising Out of PS.Case No. -4 Year- 2016 Thana -SHARGHAT District- MADHUBANI ====================================================== Punita Devi @ Punita Kumari .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Malay Kumar Choudhary For the Opposite Party/s : Mr. M.K.Khare (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-04-2016 Heard learned counsels for the petitioner, informnt and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,323,324,307,354,379 and 504 of the Indian Penal Code. The prosecution case is that the accused persons variously armed came to the house of the informant. On the order of this petitioner, co accused Akhilesh Thakur assaulted with axe on the head of the informant causing bleeding injury. Thereafter, the petitioner gave farsa blow near the left shoulder of the informant causing bleeding injury. Co accused Shivam Kumar snatched gold chain from the neck of the informant.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.17474 of 2016 (2) dt.25-04-2016 2/3 petitioner that the petitioner is sister in law (Gotni) of the informant and due to family dispute the accusation has been levelled. It is further submitted that no injury has been found on the left shoulder of the informant whereas injury on the head was caused by co accused Akhilesh Thakur. There is counter version of the occurrence and the petitioner side has also received injury. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

It is submitted by learned counsel for the informant that the counter case has been lodged by the accused persons just to save their own skin.

Considering the fact that the accusation is not being corroborated by the medical opinion and the petitioner being lady having no criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Benipatti in connection with Saharghat P.S. Case No. 4 of 2016 subject to the conditions as laid down under Section

Patna High Court Cr.Misc. No.17474 of 2016 (2) dt.25-04-2016 3/3 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T