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Patna High CourtCR. MISC./82319/2023allowed

Archana Kumari v. The State Of Bihar

2024-01-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82319 of 2023 Arising Out of PS. Case No.-569 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== Archana Kumari W/O Karjeeyar Kumar, R/o Village and P.O- Srirampur, P.SSherghati, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Javed Jafar Khan, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 354B, 307, 504, 506, 34 of the Indian Penal Code.

3. As per written report of the informant that on 31.05.2023, when the informant was alone at home, all of sudden her Dewar came and caught her and pushed her on the ground and tied to outrage her modesty. In the meantime, the husband of informant came and tried to caught the co-accused but he fled away.

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. Both parties are

Patna High Court CR. MISC. No.82319 of 2023(2) dt.04-01-2024 2/2 agnates and petitioner happens to be own Gotani of the informant and there is bickering over the partition dispute and there is no specific overt-act is attributed against the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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 Sherghati P.S. Case No.569 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) mdrashid/- U T