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Patna High CourtCR. MISC./3588/2023bail granted

Prabha Yadav v. The State Of Bihar

2023-04-03Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3588 of 2023 Arising Out of PS. Case No.-241 Year-2021 Thana- KISHUNPUR District- Supaul ====================================================== PRABHA YADAV Wife of Umesh Yadav R/v- Wageba, P.S.- Kishanpur District- Supaul ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vikramdeo Singh Mr.Satish Kumar Singh For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 Mr.N.K.Agrawal,Sr.Adv.

Mr.Pramod Kumar Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-04-2023 Heard learned counsel for the parties.

The petitioner apprehends her arrest in a case registered for the offence under Section 307, 379, 504 & other allied sections of the Indian Penal Code and Sections 25(1-b)a, 26, 37, 27 of the Arms Act and later on, Section 302 of I.P.C. was added.

As per F.I.R., on 26.11.2021 at about 8:50 PM, while informant's son (Suman Kumar) and his friend (Shivchandra Yadav) were returning from Lalganj market, this petitioner alongwith 17 other F.I.R. named accused persons, variously armed, surrounded them and started assaulting them. This petitioner assaulted on the forehead of informant's son by means of piece of brick.

Patna High Court CR. MISC. No.3588 of 2023(2) dt.03-04-2023 2/2 It is submitted on behalf of petitioner that due to political rivalry between the parties, this petitioner has been falsely implicated in this case. Police after investigation submitted final form and not sent up for trial, but learned Court below has taken cognizance against this petitioner and others. Petitioner is lady and has got clean antecedent. Learned A.P.P. for the State and learned senior counsel for the informant vehemently opposed the prayer for anticipatory bail.

However, considering the aforesaid facts and circumstances as also the fact that petitioner is lady and has got clean antecedent, in the event of arrest/surrender 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 C.J.M., Supaul in connection with Kishanpur P.S. Case No. 241 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T