Abha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72697 of 2023 Arising Out of PS. Case No.-77 Year-2023 Thana- GHOGHARDIHA District- Madhubani ====================================================== Abha Devi, Wife of Sanjay Yadav, R/O Village- Kiratpur, P.S.- Ghoghardiha, Dist.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Masoom Alam, Adv.

For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-11-2023

1. Heard learned counsel for the Petitioner and learned APP for the State

2. The Petitioner apprehends her arrest in connection with Ghoghardiha P.S. Case No. 77 of 2023 dated 13.05.2023 registered for the offences punishable under Sections 341, 323, 324, 354(B), 379, 307, 504 and 506/34 of the Indian Penal Code.

3. The main submissions advanced by learned counsel for the petitioner are that in the present matter, the informant and his son are stated to have sustained injuries in the alleged occurrence and their injury reports' copies have been filed as Annexure - P/3 series and the informant sustained two injuries on his person and out of them, one has been opined to be grievous in nature and the same has been stated to be a hairline fracture and the second injury has been opined to be

Patna High Court CR. MISC. No.72697 of 2023(2) dt.09-11-2023 2/2 simple in nature and the informant's son, who is the second injured person, sustained only one injury in the form of pain which has been opined to be simple in nature. Further submissions are that against the petitioner, there is no allegation of assault and she simply instigated other co-accused persons and the petitioner has got no criminal antecedent.

4. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.

5. Considering the above submissions and mainly the nature of allegation appearing against this petitioner, this Court is inclined to accept the petitioner's prayer for anticipatory bail. Accordingly, let the petitioner named-above, in the event of her arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Ghoghardiha P.S. Case No. 77 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) annu/- U T