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Patna High CourtCR. MISC./60729/2023allowed

Rajni Devi v. The State Of Bihar

2023-10-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60729 of 2023 Arising Out of PS. Case No.-32 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== Rajni Devi W/O Arun Kumar Pandit R/O Village- Kishanpur Baikhunth, Ps. Warisnagar, Dist. Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Shankar Singh For the Opposite Party/s :

Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 324, 307, 379, 504, 506 of the Indian Penal Code.

3. Informant alleged that petitioner along with other co-accused persons surrounded her husband and brutally assaulted him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner and the informant are agnates and there is admitted land dispute between the parties. There is case and

Patna High Court CR. MISC. No.60729 of 2023(3) dt.31-10-2023 2/2 counter case between the parties. He further submits that the injury was found simple in nature. He also submits that the present case is counter case of a case filed by the petitioner and there is no justified explanation for delay of about 51 days in lodging the F.IR.. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, nature of the injury and the fact that there is case and counter case between the parties, let the above named petitioner, be released on bail, in the event of his 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 Warisnagar P.S. Case No. 32 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T