Kajal Devi @ Kajol Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47384 of 2024 Arising Out of PS. Case No.-265 Year-2023 Thana- NALANDA District- Nalanda ====================================================== Kajal Devi @ Kajol Kumari Wife of Shailesh Kumar R/O Vill.- Rangila Bigha, P.S. and Dist.- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rewti Raman, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-08-2024
1. Heard learned counsel for the parties.
2. The petitioner in this application prays for grant of anticipatory bail apprehending her arrest in connection with Nalanda P.S. Case no.265 of 2023 registered for the offence punishable under section 307, 147, 149, 341, 323, 325, 354B, 379, 504, 506 and 324 of the Indian Penal Code.
3. As per allegation in the F.I.R, the informant states that the accused persons including Raju Gope and
Patna High Court CR. MISC. No.47384 of 2024(2) dt.19-08-2024 2/3 Nagendra Yadav came armed with pistol and assaulted the informant's husband with the butt of a pistol on his head leading to grievous injuries. It is further stated that the petitioner assaulted the informant with a khanti as a result of which she sustained cut on her legs.
4. Learned counsel for the petitioner submits that the petitioner who is a lady has been falsely implicated in the case. There is case and counter case between the parties with respect to the occurrence of the same day, though the FIR by the mother-in-law of the petitioner was lodged subsequently. It is submitted that no case under section 307 of the Indian Penal Code would be made out against the petitioner who has no criminal antecedent.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the F.I.R., the contents of the injury report, the statements made by learned counsel for the petitioner and the petitioner being a lady having no criminal antecedent, it is directed that the petitioner, above named, in the event of her arrest or surrender before the learned Court below within a period of four weeks, be released
Patna High Court CR. MISC. No.47384 of 2024(2) dt.19-08-2024 3/3 on anticipatory bail in connection with Nalanda P.S. Case no.265 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif.
(Partha Sarthy, J) Bibhash/- U T