Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39292 of 2023 Arising Out of PS. Case No.-352 Year-2021 Thana- ATRI District- Gaya ====================================================== Kiran Devi Daughter Of Ram Brat Prasad Resident Of Village - Tetar, P.S.- Atri, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh For the Opposite Party/s :

Mr. Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506, 34 of the Indian Penal Code.

3. As per the prosecution case, it is alleged that the petitioner along with other co-accused persons abused and assaulted the informant and also tried to kill her after pouring kerosene oil.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that earlier the petitioner has been granted anticipatory by the learned Court below vide ABP No. 3469 of 2021, but the

Patna High Court CR. MISC. No.39292 of 2023(2) dt.03-08-2023 2/2 petitioner has not surrendered within the time and after two years the petitioner has filed a fresh anticipatory bail application before the learned Court below, which was rejected by the learned Court below. He further submits that there is no specific overt act against the petitioner and the petitioner is married Nanad of the informant. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Atri P.S. Case No. 352 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T