Sulekha Devi @ Sulekha Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49563 of 2024 Arising Out of PS. Case No.-115 Year-2024 Thana- KASIMBAZAR District- Munger ====================================================== Sulekha Devi @ Sulekha Kumari Wife of Abhishek Kumar @ Bablu Mandal Resident of Village - Maksuspur, P.S.- Kasim Bazar, District - Munger. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-01-2025 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 354B, 504 and 34 of the Indian Penal Code. 3 . As per prosecution case, on the alleged date and time of occurrence, all the F.I.R. named accused persons, including this petitioner, abused and assaulted informant and her family members.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner has falsely been implicated in this case. Both parties are next door neighbours and there is land dispute between them due to to which a simple occurrence of maarpeet took place between the parties in which
Patna High Court CR. MISC. No.49563 of 2024(3) dt.10-01-2025 2/3 both sides sustained injuries. As a matter of fact, present case is counter-blast of Kasim Bazar P.S. Case No. 113 of 2024 which has been lodged earlier in point of time by co-accused Sulekha Devi against the informant and others and only with a view to save their skin from the aforesaid case, this false and concocted case has been lodged. It is further submitted that doctor has found the injuries allegedly caused by this petitioner to be simple in nature . Petitioner claims clean antecedent. 5 . Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioner and submitted that petitioner is named in the F.I.R. and there is specific allegation of assault against him.
6. Considering the aforesaid facts and circumstances, nature of injuries sustained by the injured and case and countercase between the parties, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate Munger, in connection with Kasim Bazar P.S. Case No. 115 of 2024, subject
Patna High Court CR. MISC. No.49563 of 2024(3) dt.10-01-2025 3/3 to condition as laid down under Section 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U T