Rajni Gandha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9499 of 2018 Arising Out of PS. Case No.-63 Year-2015 Thana- MAHESHKHUNT District- Khagaria ====================================================== Rajni Gandha ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Shanker Modi For the Opposite Party/s :

Mr. SRI ATAUR RAHMAN ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-02-2018 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under sections 341,323,324,307,379 and 504/34 of the IPC.

The prosecution case got initiated with the written report of Sunil Kumar Chourasia dated 3.5.2015 submitted to the S.H.O., Maheshkhunt to the effect that on 3.5.2015 the petitioner queried the informant as to why he was unloading soil, upon which the informant replied that he has unloaded the soil on the road. In the meantime, Bablu Chourasia came with iron rod, abused and assaulted the informant. It is alleged against the petitioner that she caught hold scrotum of the informant and pulled it. The gold ring of the informant was also snatched by Bablu

Patna High Court Cr.Misc. No.9499 of 2018(2) dt.17-02-2018 2/3 Chourasia.

It is submitted by learned counsel for the petitioner that the accusation has been levelled in the background of petty dispute and it appears that superficial injury was caused to the informant side. There is counter version of occurrence being Maheshkhunt P.S. Case No. 62 of 2015 registered under sections 341,323,307,504 and 506/34 of the IPC. It is further submitted that the issue has been settled between the parties and a petition to that effect has been filed before the learned court below, which gets reflected from the impugned order. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Considering the nature of accusation, the case and counter case and the informant having retracted from the initial version, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned JM Ist Class, Khagaria, in connection with Mahesh Khunt P.S. Case No.63 of 2015 subject to the conditions laid down in Section 438(2) of

Patna High Court Cr.Misc. No.9499 of 2018(2) dt.17-02-2018 3/3 the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U