Khushbu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70302 of 2021 Arising Out of PS. Case No.-205 Year-2021 Thana- SONO District- Jamui ====================================================== KHUSHBU DEVI W/o Diwakar Singh R/o village- Konia, P.S.- Charakpathar, District- Jamui ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Opposite Party/s :

Mrs.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending her arrest in a case registered under Sections 341, 323, 325, 307, 379, 504, 506/34 of the Indian Penal Code.

Prosecution case, in short, is that the accused persons came armed with sword, rod, tangi and assaulted the informant, due to which she sustained head injury. Petitioner and coaccused beat the informant with broom. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.70302 of 2021(2) dt.18-05-2022 2/2 petitioner. The petitioner has falsely been implicated in the present case. It is a case and counter case between the parties. Free fight is alleged to have taken place. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands. Case has been instituted after three days of the alleged occurrence. Delay has not been explained by the prosecution. Petitioner is a lady.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Bharti Kumari, J.M. 1st class, Jamui in connection with Sono P.S. case No.205 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T