Pratima Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65461 of 2023 Arising Out of PS. Case No.-151 Year-2023 Thana- PARASBIGHA District- Jehanabad ====================================================== PRATIMA KUMARI WIFE OF SACHIN KUMAR RESIDENT OF VILLAGE - PIRHI, POLICE STATION - KURTHA, DISTRICT - ARWAL ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjay Kumar Singh, Advocate For the Opposite Party/s :
Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Parashbigha P.S. Case No. 151 of 2023 dated 03.06.2023 registered for the offences punishable u/ss 341, 323, 307, 302, 120B, 504, 506 read with section 34 of the Indian Penal Code and u/s 27 of the Arms Act.
3. As per the prosecution case, when the informant and his son were coming to their house after irrigating the field and they reached near the house of Dharambir Mahto then the petitioner and the co-accused persons surrounded them and abused. On being objected by the informant, the co-accused Dharampal Mahto assaulted the informant on his head causing
Patna High Court CR. MISC. No.65461 of 2023(2) dt.08-11-2023 2/3 head injury. When the informant's nephew Santosh Kumar and wife rescued him, the co-accused Dharambir Mahto caught hold of the informant's son Subodh Kumar and he fired on his chest. He also fired of the informant's nephew, Santosh Kumar on the stomach. Both injured persons fell down. Thereafter, the injured persons were taken to the hospital for treatment. The injured Subodh Kumar declared dead and the injured Santosh Kumar was referred to the PMCH, Patna.
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner rather the specific allegation of firing is against the co-accused Dharampal Mahto. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner is a lady and she has no criminal antecedent as stated at para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner who is a lady, in the event of her arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs.
Patna High Court CR. MISC. No.65461 of 2023(2) dt.08-11-2023 3/3 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Jehanabad in connection with Parashbigha P.S. Case No. 151 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T