Poonam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66727 of 2024 Arising Out of PS. Case No.-184 Year-2020 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Poonam Devi Wife of Ramashray Yadav Resident of village - Mourkahi, P.S.- K. Sthan @ Kusheshwar Sthan, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Kumar Pathak For the Opposite Party/s :

Ms.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-10-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 341, 342, 323, 324, 307, 354B, 379, 504 and 34 of the Indian Penal Code. 3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant with an allegation that she assaulted Rukmani Devi with an iron rod causing injury on face. 4.

Learned counsel for the petitioner next submits that the police after threadbare investigation came to a considered conclusion that petitioner is innocent and thus submitted final form exonerating her of the allegations, but then the learned Magistrate, differing with the police report, took cognizance, as such, the petitioner apprehends

Patna High Court CR. MISC. No.66727 of 2024(2) dt.23-10-2024 2/2 her arrest. The learned counsel thus submits that when one investigating agency based on a threadbare investigation came to a considered conclusion that petitioner is innocent, whether it would be prudent for the court to send the petitioner to jail based on an order of cognizance which came to be taken based on the same investigation report which exonerated the petitioner of the allegations. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kusheshwar Sthan @ K. Sthan P.S. Case No. 184 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) SUMIT/- U T