Babita Devi @ Manshi Pandey @ Manshi Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66175 of 2024 Arising Out of PS. Case No.-132 Year-2024 Thana- KAMTAUL District- Darbhanga ====================================================== Babita Devi @ Manshi Pandey @ Manshi Kumari wife of Santosh Pandey @ Santosh Kumar Pandey R/O- Kothia, P. S.-Kamtaul, District-Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishor Prasad, Advocate For the Opposite Party/s :

Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in Kamtaul P.S. Case No. 132 of 2024, registered under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons armed with iron rod, katta, padharia, etc. entered in the house of the informant and assaulted him, due to which he fell on the ground and sustained injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner also submits that

Patna High Court CR. MISC. No.66175 of 2024(2) dt.01-10-2024 2/2 there is inordinate delay of seven days in lodging the FIR. The petitioner is a lady. No specific overt act has been attributed against the petitioner. The allegation levelled against the petitioner is general and omnibus in nature. It is further submitted that there is case and counter case between the parties. The petitioner has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, case and counter case, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six 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 Court below/concerned Court in connection with Kamtaul P.S. Case No. 132 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Rudra Prakash Mishra, J) Rajorshi/- U T