Gaibun Nisha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81234 of 2023 Arising Out of PS. Case No.-148 Year-2023 Thana- BAUNSI District- Araria ====================================================== GAIBUN NISHA WIFE OF SEKH RAIS RESIDENT OF VILLAGE - BASAITHI WARD NO.05, POLICE STATION - BOUSI, DISTRICT - ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Adv.

For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends her arrest in a case registered for the offence punishable u/s 147, 149, 323, 324, 379, 307, 341, 354B, 504, 506 of the IPC.

3.

Allegedly, on the order of the petitioner, one Hadish Ansari assaulted the brother of the informant with Dabiya and also assaulted cousin of the informant. Thereafter other accused persons assaulted the informant's side indiscriminately. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.81234 of 2023(2) dt.20-12-2023 2/2 allegation leveled against the petitioner is not specific rather general and omnibus in nature. Only allegation against the petitioner is that she was the order giver. There is case and counter-case between the parties and both sides have sustained injury. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since both sides have sustained injury, 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) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bousi P.S. Case No.148 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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