Rima Devi @ Reema Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78847 of 2024 Arising Out of PS. Case No.-346 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== Rima Devi @ Reema Devi W/o- Pintu Goshwami Resident of villageMadhomath PS- Phulwariya District-Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Dubey, Adv.
For the Opposite Party/s :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 29-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Phulwariya P.S. Case No. 346 of 2023 dated 27.09.2023, instituted for the offence punishable under Sections 341, 323, 325, 324, 307, 504, 427/34 of the Indian Penal Code.
3. The case of prosecution, in short, is that while the informant along with family members were returning to their house, some miscreants pelted stones on his car, on account of which, his car got damaged. On query, it is alleged that petitioner along with other co-accused persons pelted stones on the said car. The petitioner along with one Priyanka Devi is said to have assaulted father of the informant on his hand due to which his father sustained injury.
Patna High Court CR. MISC. No.78847 of 2024(2) dt.29-11-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this case. It is submitted that there is specific allegation against Pintu Sharma Goswami @ Pintu Kumar Goswami Sharma, who assaulted the informant by means of 'Garasa' and Rahul Goswami @ Rahul Kumar Goswami Sharma assaulted the brother of the informant, namely, Anuj Kumar Sharma by means of 'lathi. It is submitted that there is no specific allegation against the petitioner rather the allegation is general and omnibus. It is submitted that there is case and counter case between the parties. The wife of the Pintu Sharma Goswami has lodged First Information Report (for brevity 'FIR') against the present informant and his family members bearing Phulwariya P.S. Case no. 345 of 2023.
It is submitted that petitioner's side had also sustained injuries which are grievous in nature. It is further submitted that other co-accused persons, namely, Pintu Sharma Goswami and Rahul Goswami have been granted anticipatory bail by this Court vide order dated 17.02.2024 passed in Criminal Miscellaneous No. 5344 of 2024. Lastly, it has been submitted that she has no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.78847 of 2024(2) dt.29-11-2024 3/3
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Phulwariya P.S. Case No. 346 of 2023, she shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. C.J.M.-XVIth, Gopalganj, subject to condition as laid down under Section 438(2) of the Cr.P.C..
(Khatim Reza, J) prabhat/- U T