Patna High CourtCR. MISC./58412/2019dismissed

Punita Devi @ Mohni Devi v. The State Of Bihar

2019-09-17Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58412 of 2019 Arising Out of PS. Case No.-61 Year-2019 Thana- ARER District- Madhubani ====================================================== PUNITA DEVI @ MOHNI DEVI Wife of Ram Kumar Kamat Resident of Village- Jamuari, P.S.- Arer, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 341, 323, 307,504/34 of the Indian Penal Code registered in connection with Arer P.S. Case No. 61 of 2019.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of petty dispute. It is submitted that the accusations are general and omnibus in nature without any specific assault or injury attributed individually. The FIR also does not specifically state that the petitioner was armed with lathi, danda. The petitioner is a lady claiming clean antecedents.

4. Learned APP invites reference to the order of the learned Sessions Judge, which discloses that the injured Kari Kamat has sustained fracture on his head.

5. Having regard to the nature of accusations and gravity of

Patna High Court CR. MISC. No.58412 of 2019(2) dt.17-09-2019 2/2 offence alleged, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.

6. If the petitioner surrenders and seeks regular bail before the learned Court below the same shall be considered on its own merit in accordance with law on the same day, without being prejudiced by any observation in the present order.

(Vikash Jain, J) Chandran/- U T