Sunaina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77697 of 2023 Arising Out of PS. Case No.-285 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== Sunaina Devi W/O Chalitar Manjhi R/O Village- Simariya, Ps. Fatehpur, Distt. Gaya, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brijeshwar Narayan Singh For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 6.

10-07-2024 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 offence under Sections 341, 323, 504, 506, 307/34 of the Indian Penal Code.

3. As per the prosecution case, on 17.05.2022 at about 08:00 PM, co-accused Gautam Manjhi, in drunken condition, fell on the paine, thereafter he raised alarm by saying that the informant side was assaulting him, on this alarm, the accused persons came, armed with weapons, started assaulting the informant's side, as a result of which, the informant and others sustained injuries. Petitioner is alleged to have assaulted on Raushan Kumar with iron rod causing injury on his head.

4. Learned counsel for the petitioner submits that from bare perusal of the F.I.R., it is apparent that the quarrel, as

Patna High Court CR. MISC. No.77697 of 2023(6) dt.10-07-2024 2/2 disclosed in the F.I.R., was not intentional, rather sudden and accidental by a person under the influence of liquor. There is no injury report of injured Raushan Kumar on record. Petitioner is lady and has got clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - 1st, Gaya in connection with Fatehpur, Gaya P.S. Case No. 285 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T