Pushpanjali Kumari @Juhi @Juhi Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43393 of 2022 Arising Out of PS. Case No.-92 Year-2021 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.

PUSHPANJALI KUMARI @JUHI @JUHI KUMARI D/o Sanjay Sah Resident of Village - Jiudhara, P.s.- Pipra Kothi, Distt.- East Champaran. 2.

Sidharth Kumar @ Hero Son of Sanjay Sah Resident of Village - Jiudhara, P.s.- Pipra Kothi, Distt.- East Champaran.

3.

Krishna Kumar Son of Bindeshari Sah Resident of Village - Chandarahiya, P.s.- Muffasil, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rashmi Jha, Advocate Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 354(B), 379, 504, 506, 427 and 341 of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioners are persons with clean antecedent, petitioner no.1 is a woman and the informant alleges that the accused persons, including the petitioners, came to her sweet shop and assaulted the informant, her son and other family members causing injury

Patna High Court CR. MISC. No.43393 of 2022(2) dt.13-12-2022 2/3 and also took away cash Rs. 51,000/- from the shop. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that police after threadbare investigation submitted Final Form No. 242 of 2021 dated 13.07.2021 in favour of the petitioners but the learned trial court differing with the police report took cognizance of the offence, learned counsel submits that one investigating agency has found the petitioners to be innocent as no material transpired during the course of investigation connecting them with the offence and based on the same investigation, the learned trial court has taken cognizance, would it not amount to travesty of justice by sending the petitioner to jail, for the present.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where

Patna High Court CR. MISC. No.43393 of 2022(2) dt.13-12-2022 3/3 the case is pending/successor court in connection with Pipra Kothi P.S. Case No. 92 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T