Smt. Madhu Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52838 of 2022 Arising Out of PS. Case No.-179 Year-2022 Thana- KHAJEKALA District- Patna ====================================================== Smt. Madhu Tiwari, Wife Of Rakesh Tiwari, R/O Manas Path, Gujari Bazar, P.S.- Khajkala, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kameshwar Singh, Advocate.

For the Opposite Party/s :

Mr. Parmanand Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-01-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending her arrest in connection with Khajekala P. S. Case No. 179 of 2022 registered for the offences punishable under Sections 447, 448, 341, 323, 325, 504 and 506 read with Section 34 of the Indian Penal Code. As per the prosecution case, the petitioner along with the other co-accused persons entered the house of the informant's father and mother and tried to forcefully oust them from the said house. On being objected, the co-accused elder brother of the informant started abusing and assaulted on the head of the informant with intent to kill, causing severe injuries. It is further

Patna High Court CR. MISC. No.52838 of 2022(2) dt.16-01-2023 2/2 alleged that when the informant's other brother, his father and his sister came to rescue, they were also assaulted by the accused persons.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The Petitioner is a lady. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of her arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Patna City in connection with Khajekala P. S. Case No. 179 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure. The application stands allowed.

(Chandra Prakash Singh, J) shakir/- U T