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Patna High CourtCR. MISC./58464/2023allowed

Rambha Devi v. The State Of Bihar

2023-12-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58464 of 2023 Arising Out of PS. Case No.-79 Year-2020 Thana- NIRMALI District- Supaul ====================================================== RAMBHA DEVI W/O SHIV SHANKAR PASWAN @ DOMI PASWAN RESIDENT OF VILLAGE- BELA SINGAR MOTI TOLA, DO MUHAN, W. NO. 3, P.S.- NIRMALI, DISTT- SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s:

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2023 Heard the parties.

2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 447, 341, 323, 354B, 307, 379, 504/34 of the Indian Penal Code.

3. Allegedly, the petitioner along with other co-accused persons armed with weapons assaulted the informant's side due to which they sustained injuries.

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. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. It is further submitted that the injuries are of simple in

Patna High Court CR. MISC. No.58464 of 2023(4) dt.21-12-2023 2/2 nature. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail by submitting that the petitioner has suppressed her criminal antecedent.

6. Having regard to the facts and circumstances of the case as well as considering the nature of injuries, let the above named petitioner, be released on bail, in the event of his/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 Nirmali P.S. Case No.79 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. However, the learned Court below is directed to verify the criminal antecedent of the petitioner. If it is found that the petitioner is involved in any other case prior to the present case, then her bail bond shall not be accepted.

(Anjani Kumar Sharan, J) shikha/- U t