Veena Devi @ Veena Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59738 of 2024 Arising Out of PS. Case No.-211 Year-2023 Thana- BEERPUR District- Begusarai ====================================================== Veena Devi @ Veena Kumari (F) Age 24 years, Wife of Amit Kumar Yadav, Resident of Village- Maida Babhangama, P.S- Birpur, Distt- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Randhir Kumar No 1, Advocate For the Opposite Party/s :
Ms. Madhuri Lata, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-09-2024 Heard Mr. Randhir Kumar No. 1, learned counsel appearing on behalf of the petitioner and Ms. Madhuri Lata, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Birpur P.S. Case No. 211 of 2023, registered for the offence punishable under Sections 341, 323, 307, 379 and 34 of the Indian Penal Code.
3. As per the allegation made in the FIR, all the accused persons named therein including the petitioner, had assaulted the informant and her niece by means of iron rod an lathi, due to which, informant and her niece had sustained injuries on their head.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely
Patna High Court CR. MISC. No.59738 of 2024(2) dt.11-09-2024 2/3 been implicated in the present case. General and omnibus allegation has been levelled against all the accused persons including the petitioner. Doctor has opined the injuries sustained by the informant and her niece to be simple in nature. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the rival submissions made on behalf of the parties, as well as, the fact that the general and omnibus allegation has been levelled against all the accused persons including the petitioner. Doctor has opined the injuries sustained by the informant and her niece to be simple in nature. I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the Court below within a period of four 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 learned C.J.M., Begusarai, in connection with Birpur P.S. Case No. 211 of 2023, subject to the
Patna High Court CR. MISC. No.59738 of 2024(2) dt.11-09-2024 3/3 condition as laid down under Section 438(2) of the Cr.P.C.
8. The Court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T