Jyoti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73849 of 2023 Arising Out of PS. Case No.-194 Year-2023 Thana- BAGHA District- West Champaran ====================================================== Jyoti Kumari Daughter Of Hiraman Chaudhary R/O Village- Basgavan, Ward No.4, P.S.- Bagaha (PATHKAULI), District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Kishore Choudhary, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-02-2024 Heard Mr. Anand Kishore Choudhary, learned counsel for the petitioner and Mr. Chandra Sen Prasad Singh, learned APP for the State.

2. The petitioner is apprehending her arrest in connection with Bagaha (Pathkauli) P.S. Case No. 194 of 2023, F.I.R. dated 23.03.2023 for the offences punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code.

3. According to prosecution case, this petitioner along with other accused persons armed with deadly weapon assaulted the informant due to some admitted land dispute. It is further alleged that this petitioner has inflicted axe blow on the informant due to which he sustained grievous injuries.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and she has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the

Patna High Court CR. MISC. No.73849 of 2023(3) dt.29-02-2024 2/2 petitioner has not committed any offences as alleged in the F.I.R. He further submits that due to admitted land dispute, the present occurrence took place and there is case and counter case between the parties. He further submits that it appears from the F.I.R that the petitioner has assaulted the informant by means of axe due to which he sustained injuries on his palm and stomach. He further submits that the injury report of the informant suggests that he has received total three injuries where injury no. 1 and 2 are simple in nature and injury no. 3 is grievous in nature.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances that the informant received injuries inflicted by the petitioner where injury no. 3 is grievous in nature, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Bagaha (Pathkauli) P.S. Case No. 194 of 2023 pending in the court of Additional Chief Judicial Magistrate 1st, Bagaha, West Champaran.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T