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Patna High CourtCR. MISC./49437/2023bail granted

Pinki Devi v. The State Of Bihar

2023-08-11Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49437 of 2023 Arising Out of PS. Case No.-180 Year-2022 Thana- BELDOUR District- Khagaria ====================================================== PINKI DEVI WIFE OF MITHUN YADAV R/O-PACHATH, P.S.- BELDAUR, DISTT.-KHAGARIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-08-2023 Heard Mr. Ranjeet Kumar Singh, learned counsel for the petitioner and Mr. Rabindra Kumar, learned Additional Public Prosecutor appearing for the State.

2. Petitioner apprehends his arrest in connection with Beldaur P.S. Case No. 180 of 2022, G.R. No. 2432 of 2022 registered for the offences punishable under Sections 341, 323, 308, 504 and 506/34 of the Indian Penal Code.

3. As per the First Information Report, on 26.8.2022 at 11:00 AM the petitioner along with other accused persons armed with lathi, danda, arrived at the house of the informant, started abusing and assaulting her due to which she sustained injury on her head.

4. Learned counsel for the petitioner submits that both the parties are close relatives and the petitioner is gotni

Patna High Court CR. MISC. No.49437 of 2023(2) dt.11-08-2023 2/2 (sister-in-law) of the informant. He further submits that there is two days delay in lodging the FIR and no apparent serious injury has been caused to the informant inasmuch as prosecution failed to produce any injury report during course of hearing of anticipatory bail application of the petitioner before the learned Sessions Judge.

5. Regards being had to the submission made by the parties and taking into consideration the fact that both the parties are close relatives, no injury report has been brought on record by the prosecution and the petitioner is a lady, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioner, above named, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Khagaria, in connection with Beldaur P.S. Case No. 180 of 2022, G.R. No. 2432/2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) S.Ali/- U T