Labuchna Devi @ Labuchali Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47000 of 2024 Arising Out of PS. Case No.-107 Year-2024 Thana- RAJPUR District- Buxar ====================================================== Labuchna Devi @ Labuchali Devi W/O- Sudarshan Yadav Village- Sarenja, P.S.- Rajpur, Distt.- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr.Kamal Deo Sharma For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending her arrest in connection with Rajpur P.S. Case No. 107/2024 registered for the offences punishable under Sections 447, 341, 323, 325, 307/34 of the Indian Penal Code.

3. As per prosecution case, the petitioner and others are said to have assaulted the informant by means of lathi, danda, rod, firsts and kicks and he became unconscious.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. There is no specific allegation against the petitioner, allegations are general and omnibus in nature. From perusal of FIR, it appears that the informant is brother-in-law/devar of the petitioner and

Patna High Court CR. MISC. No.47000 of 2024(2) dt.24-07-2024 2/2 both parties are neighbours and there is some minor dispute between them. The petitioner being a lady and she bears no criminal antecedent. He further submits that injury of the informant is simple in nature as mentioned in the impugned order.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, the petitioner being a lady, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory 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 Chief Judicial Magistrate, Buxar in connection with Rajpur P.S. Case No. 107/2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Alok Kumar Pandey, J) amitkumar/- U T