Radha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78542 of 2024 Arising Out of PS. Case No.-215 Year-2021 Thana- DURAULI District- Siwan ====================================================== Radha Devi S/O Satrudhan Sharma R/O Village- Ukrera, P.S- Darauli, Distt.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishore Singh For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 29-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Darauli P.S. Case no. 215 of 2021instituted for the offence under Sections 447, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.

3. The case of the prosecution is that the informant demanded meals from his daughter-in-law. On this she abused her and assaulted with 'fahsul'. The informant received head injuries. Accordingly, the FIR.

4. Learned counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in connection with the present case. During the course of

Patna High Court CR. MISC. No.78542 of 2024(2) dt.29-11-2024 2/2 argument, learned counsel for the petitioner submits that the petitioner was having an evil eye over the petitioner and that the petitioner has assaulted in a private defence. From the perusal of the order of the trial Court, it transpires that one simple injury on head was found.

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

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Darauli P.S. Case no. 215 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Jagdish/- U T