Sarswati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50282 of 2023 Arising Out of PS. Case No.-96 Year-2023 Thana- CHACKMEHSI District- Samastipur ====================================================== SARSWATI DEVI W/o Late Rajendra Prasad Thakur R/o Ward No. 12-Balha Jainarayan, PS-Chakmehsi, Kalyanpur, District-Samastipur, Bihar-848125 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Piyush Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Parmanand Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code and Section 37(C) of the Bihar Prohibition and Excise Act.
3. According to F.I.R., this petitioner along with coaccused Kundan Thakur is alleged to have assaulted the motherin-law of the informant by means of iron rod and they also snatched gold chain from her neck. Co-accused Kundan Thakur was apprehended on the spot in intoxicated condition.
4. It is submitted that on behalf of the petitioner that allegation of assault is general and omnibus. It not the case of the prosecution that this petitioner was also in intoxicated condition. Injuries sustained by the injured are simple in nature.
Patna High Court CR. MISC. No.50282 of 2023(2) dt.11-08-2023 2/2 Petitioner is a lady and claims clean antecedent.
5. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of her arrest/surrender before the court below within a period of six weeks from today, 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 Special Judge Excise-1, Samastipur in connection with Chakmehsi P. S. Case No. 96 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T