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Patna High CourtCR. MISC./44502/2023allowed

Rani Kumari v. The State Of Bihar

2023-08-29Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44502 of 2023 Arising Out of PS. Case No.-101 Year-2021 Thana- GAYA KOTWALI District- Gaya ====================================================== Rani Kumari, Female aged about 36 years, Wife of Nitin Lal, Resident of Mohalla - Punjabi Colony, Lal Medical Store, P.S. - Kotwali, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sinha, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in connection with Kotwali P.S. Case No. 101 of 2022 dated 02.03.2021 instituted for offence punishable under Sections 147, 148, 149, 341, 323, 447, 427, 379, 506 and 504 of the Indian Penal Code.

3. As per the prosecution case, the accused persons including the petitioner having rod, knife and arms with them came at the house of the informant and tried to break the gate of house and on protest they abused, assaulted and threatened to kill him and ransacked the house of the informant.

4. Learned counsel for the petitioner submits that the petitioner is daughter-in-law of the informant. There is case and counter case between the parties and the husband of the

Patna High Court CR. MISC. No.44502 of 2023(2) dt.29-08-2023 2/2 petitioner has filed divorce case being Matrimonial Case No. 153 of 2019, which is pending in the Court concerned. Petitioner has one criminal antecedent and the said case was filed by the mother-in-law of the petitioner in which she is on bail.

5. Learned APP opposed the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner above named be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Kotwali P.S. Case No. 101 of 2022, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Anand Kr.

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