Patna High CourtCR. MISC./65319/2023bail granted

Juli Kumari v. The State Of Bihar

2023-11-22Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65319 of 2023 Arising Out of PS. Case No.-191 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Juli Kumari Wife Of Nitis Yadav Village- Nirpur Ps- Sheikhpura DistSheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Lakshmi Kant Sharma, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-11-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Sheikhpura P.S. Case No. 191 of 2023 dated 31.03.2023 registered for the offences punishable under Sections 147, 148, 323, 337 and 307 of the Indian Penal Code and 27 of the Arms Act.

4. As per the prosecution case, on seeing the police, the co-accused Nitish Yadav fled away by firing two rounds at the raiding party and anti-social elements gathered there and

Patna High Court CR. MISC. No.65319 of 2023(2) dt.22-11-2023 2/3 started pelting stone on the raiding party and attached them with lathi, due to which home guard Ajit Kumar and SAF officials became injured.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Learned counsel has submitted that the injuries are simple in nature. It is further submitted that the petitioner is made accused in this case only because she is the wife of the co-accused Nitish Yadav. There is general and omnibus allegation against the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Sheikhpura in connection with Sheikhpura P.S. Case No. 191 of 2023, subject to conditions as laid down under

Patna High Court CR. MISC. No.65319 of 2023(2) dt.22-11-2023 3/3 section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T