Arti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71002 of 2024 Arising Out of PS. Case No.-155 Year-2024 Thana- CHAKAND District- Gaya ====================================================== Arti Kumari Daughter of Gaya Manjhi R/o Village - Hasanpur Bhuitoli, P.S.- Chakand, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-10-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 341, 323, 325, 324, 307, 504, 506 and 34 of the Indian Penal Code. 3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and the informant alleges that her son Ajay on 4-6-2024 had gone for morning walk, when he was assaulted by Gaya Manjhi by a rod causing injury on head, thereafter her son fell and Gaya dragged him inside his house where his family members including the petitioner assaulted by rod causing injury on mouth, hand and nose. It is further alleged that on account of injuries suffered, her son got 40 stitches and his liver and

Patna High Court CR. MISC. No.71002 of 2024(2) dt.03-10-2024 2/3 intestine also got damaged.

4.

The learned counsel for the petitioner submits that petitioner has been falsely implicated being daughter of Gaya Manjhi. It is next submitted that the petitioner goes to a Study Centre at Gaya where victim (Ajay) also used to come and tease her, on the day of the occurrence while she was returning, Ajay intercepted her and started harassing her and when the local people noticed, he was thrashed and assaulted. It is also submitted that a complaint case has also been instituted by her mother against Ajay and others, being Complaint Case No. 73 of 2024. It is also submitted that even presuming what has been alleged is true without admitting then no specific allegation of assault is alleged against the petitioner nor informant is an eyewitness to the occurrence, it is next submitted that even the FIR does not disclose that the same has been instituted based on the information provided by Ajay.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner and the fact that petitioner is a young girl, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six

Patna High Court CR. MISC. No.71002 of 2024(2) dt.03-10-2024 3/3 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 the learned trial court where the case is pending/successor court in connection with Chakand P.S. Case No. 155 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) SUMIT/- U T