Chandrakala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51836 of 2024 Arising Out of PS. Case No.-120 Year-2017 Thana- BARGAINIA District- Sitamarhi ====================================================== Chandrakala Devi Wife Of Shiv Shankar Baitha R/O- VILLAGESINDURIYA, WARD NO .1, P.S.- BAIRGANIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dwij Raj, Adv.

For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends her arrest in a case registered for the offence punishable u/s 337, 323, 307 of the IPC and cognizance has been taken u/s 337, 323 and 308 IPC. 3.

Allegation against the petitioner is that he thrown bricks from her terrace on the head of the informant. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that earlier the police has granted benefit of section 41(a) of the Cr.P.C. in favour of the petitioner on 12.07.2017, thereafter, on 10.12.2020, cognizance was taken against the

Patna High Court CR. MISC. No.51836 of 2024(2) dt.04-09-2024 2/2 petitioner and the petitioner had no knowledge of the cognizance. It is only after the issuance of bailable warrant, she came to know about this fact and filed for anticipatory bail. Petitioner is a female and working as a Government servant and has two criminal antecedent. It is lastly submitted that the injury of the injured was found simple in nature.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since the petitioner is a female and the injury was found simple in nature, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bairganiya P.S. Case No.120 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T