Patna High CourtCR. MISC./52431/2015rejected

Archana Kumari v. The State Of Bihar

2015-12-03Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52431 of 2015 Arising Out of PS.Case No. -416 Year- 2015 Thana -BIHTA District- PATNA ====================================================== Archana Kumari, Wife of Amit Kumar, resident of village - Raghopur, P.S. Bihta, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Pandey, Advocate For the Opposite Party/s : Ms. Gulnar Begum(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 03-12-2015 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending her arrest in connection with Bihta P.S. Case No.416 of 2015 for allegedly having committed the offence under Sections 452, 341, 323, 324, 326A, 307 and 337/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the allegation against the petitioner is of throwing acid on the informant but, in fact, there has been altercation between the parties. He further submits that the acid which came to cause burn injury to the informant was on account of some scuffle between the two women and not otherwise. Learned counsel further submits that the petitioner is a woman and may be

Patna High Court Cr.Misc. No.52431 of 2015 (2) dt.03-12-2015 2/2 extended the interim protection.

However, after considering all the aspects of the matter and also the fact that there is substantial burn injury, which has been found to be grievous in nature, and the said allegation stands testified by the statement of the victim recorded under Section 164 Cr.P.C., I am not inclined to grant anticipatory bail to the petitioner. It is, accordingly, rejected. However, if the petitioner surrenders in connection with the present case and prays for regular bail in the court below, her case may be considered on its own merits without being prejudiced by the present order.

(Anjana Mishra, J) PNM U T