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Patna High CourtCR. MISC./77369/2023dismissed

Renu Devi v. The State Of Bihar

2023-12-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77369 of 2023 Arising Out of PS. Case No.-84 Year-2023 Thana- KURSAILA District- Katihar ====================================================== RENU DEVI W/o Rajesh Mandal R/o vill - Morsanda, P.S. - Kursela, Distt. - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Rahmatullah For the Opposite Party/s :

Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Kursela P.S. Case No. 84 of 2023 registered for the offences punishable under Sections 341, 324, 307, 379, 34 of the Indian Penal Code pending in the Court of learned Chief Judicial Magistrate, Katihar.

3. As per the prosecution case, the petitioner is said to have assaulted the informant by means of talwar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner has been implicated in this case in a preplan manner as the petitioner informed the police, on previous

Patna High Court CR. MISC. No.77369 of 2023(2) dt.07-12-2023 2/2 occasion, that the informant was selling wine and ganja in his chakki mill. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State vehemently opposing the bail petition submitted that the injury found upon the informant was grievous in nature, it is clear from the impugned order. Hence, she does not deserve privilege of anticipatory bail.

6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order, considering the fact that the petitioner has no criminal antecedent and the petitioner is a female.

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