Kanchan Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67844 of 2021 Arising Out of PS. Case No.-361 Year-2020 Thana- CHANDI District- Nalanda ====================================================== 1.
Kanchan Devi, W/O Preman Bind @ Prem Bind @ Peram Bind Resident Of Village - Saua, P.S.- Chandi, Distt.- Nalanda. 2.
Preman Bind @ Prem Bind @ Peram Bind, Son Of Nagina Bind Resident Of Village - Saua, P.S.- Chandi, Distt.- Nalanda. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Kumar For the Opposite Party/s :
Mr. Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-06-2022 The learned counsel for the petitioners submits that petitioner no.2 namely, Preman Bind @ Prem Bind @ Peram Bind has been arrested during the pendency of the present anticipatory bail application, as such, the anticipatory bail application against him has become infructuous. Thus, he seeks permission to withdraw the same.
Permission is accorded.
Heard learned counsel for the petitioner no.1 and learned APP for the State.
The petitioner no.1, who is a lady, seeks bail in anticipation of her arrest in a case registered for the offences punishable under Sections 447, 341, 323, 325, 307, 379, 504,
Patna High Court CR. MISC. No.67844 of 2021(2) dt.23-06-2022 2/3 506/ 34 of the Indian Penal Code.
The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 14.08.2020, in the evening when he was at his house, the accused persons including the petitioner came there and started hurling abuses. Further, on the orders of the petitioner, it is alleged that the accused persons assaulted the informant on head causing injury. It is next alleged that one Sundar Bind came to rescue the informant, but he was also assaulted by the accused persons. It is next alleged that accused Dharmendra Yadav snatched ring and payal of Masudan Devi and threatened her.
The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the informant alleges that the petitioner is the order giver based on which, the occurrence took place. It is next submitted that the petitioner has been falsely implicated merely because she is family member of the accused persons. Learned A.P.P. opposes the bail application.
Considering the submissions made by the learned counsel for the petitioner and the fact that the petitioner is a lady, the petitioner, above-named, in the event of her arrest or
Patna High Court CR. MISC. No.67844 of 2021(2) dt.23-06-2022 3/3 surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bailbonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Chandi P. S. Case No.361 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T