Nitu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT

PATNA CRIMINAL MISCELLANEOUS No.78786 of 2023 Arising Out of PS. Case No.-434 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Nitu Devi W/O Lalbihari Sahani @ Byasbihari Sahani Resident Of VillageBardahan P.S.-Muffasil Motihari Dist-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar No 2, Adv.

For the Opposite Party/s :

Mr. Suman Kumari Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehend her arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 308, 379, 354 [A], 504/34 of the Indian Penal Code.

3. Allegation against the petitioner along with other co-accused persons have assaulted the injured person and snatched Rs. 7,000/- from the informant.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner is quite innocent and has been falsely implicated in this case at the instance of enemy. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The injury of

Patna High Court CR. MISC. No.78786 of 2023(2) dt.11-12-2023 2/2 the injured is found simple in nature. There is no specific overt act against the petitioner. He further submits that one of the coaccused has assaulted the informant has been granted bail by this Hon'ble Court. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Having regard to the facts and circumstances of the case, considering the nature of injury is found simple in nature, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Motihari Mufassil P.S. Case No. 434 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) annpurna/- U T