Pinki Gupta @ Pinky Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65249 of 2019 Arising Out of PS. Case No.-15 Year-2019 Thana- DHIBRA District- Aurangabad ====================================================== Pinki Gupta @ Pinky Gupta, Wife of Sanjay Gupta Resident of Village - Baluganj, P.S.- Dhibra, Distt - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Mukul Kumari, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-10-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Dhibra P.S. Case No.15 of 2019, for the offence punishable under Sections 341, 323, 324, 307, 354 of the Indian Penal Code. The allegation against the petitioner along with other accused persons is that they assaulted the informant by means of Tongs and knife causing her injury on wrist of the left hand. Learned counsel appearing for the petitioner submits that both the parties are close relatives and the petitioner is sister-in-law of the informant. Learned counsel further submits that there is case and counter case inasmuch for the same incident the side of the petitioner has also lodged Dhibra P.S. Case No.14 of 2019. Learned counsel referring to Annexure-2 submits that injury caused to the informant has been found to be simple in nature. Learned counsel

Patna High Court CR. MISC. No.65249 of 2019(2) dt.25-10-2019 2/2 further submits that injury has also been sustained by the side of the petitioner and the FIR lodged by the side of the petitioner is prior in time to the present FIR lodged by the informant. After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that both the parties are close relatives and there is case and counter case and FIR lodged by the side of the petitioner is prior in time and the injury caused to the informant is simple in nature, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon 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., Aurangabad, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T