Nishu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60464 of 2021 Arising Out of PS. Case No.-66 Year-2021 Thana- BAHERI District- Darbhanga ====================================================== Nishu Kumari, D/o Mahesh Mandal, W/o Jitendra Kumar @ Jitendra Mandal Resident of Village - Madhuban, P.S.- Baheri, Distt.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jagdish Prasad Singh- Advocate For the Opposite Party/s :

Mr. Ramchandra Singh- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-10-2021 Heard the learned Advocate for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Baheri P. S. Case No.66 of 2021, instituted for the offences under Sections 147, 148, 149, 341, 323, 307 and later on Section 302 of the Indian Penal Code was also added.

The learned counsel for the petitioner submits that from bare perusal of the F.I.R. as alleged, it would manifest that Mahesh Mandal, Raushan Kumar and Rajeev Kumar assaulted the father of the informant when an altercation took place when the father of the informant, who was constructing his house over his land.

Patna High Court CR. MISC. No.60464 of 2021(2) dt.27-10-2021 2/3 The learned counsel for the petitioner submits that Mahesh Mandal and Laxmi Mandal are own brothers and there was a land dispute between them. The present petitioner is the daughter of Mahesh Mandal without alleging any overt act against her, she has been made accused in this case with general and omnibus allegation. The learned counsel for the petitioner further submits that petitioner is not staying with her parents as she has married to Jitendra Kumar of village Madhuban and she was not present on the date of occurrence at the place of occurrence. The learned A.P.P. vehemently opposes the anticipatory bail application, but on query, as to whether any overt act has been alleged against the petitioner or not, the learned A.P.P. fairly submits that in the F.I.R.

nothing specific has been alleged against the petitioner. Regard being had to the facts afore-stated, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.

Patna High Court CR. MISC. No.60464 of 2021(2) dt.27-10-2021 3/3 the satisfaction of learned A.C.J.M.-VII, Darbhanga in connection with Baheri P. S. Case No.66 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Satyavrat Verma, J) vikash/- U T