Rita Kumari @ Rita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80898 of 2023 Arising Out of PS. Case No.-176 Year-2023 Thana- KHODAWANDPUR District- Begusarai ====================================================== Rita Kumari @ Rita Devi Wife Of Pradeep Sahni Resident Of Village - Bada, PS- Khodawandpur, Distt- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Binode Bariar, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-01-2024 Heard Mr. Kumar Binode Bariar, learned counsel appearing on behalf of the petitioner and Mr. Choubey Jawahar, learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Khodawandpur P.S. Case No.176 of 2023, registered for the offences punishable under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code.

3. As per the allegation made in the FIR, all the accused persons named therein had assaulted the sister of the informant. Specific allegation is that the co-accused Aryan Kumar @ Raman Kumar has assaulted on the head of the victim with an iron rod, causing head injury to the sister of the informant.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is a lady and she was not

Patna High Court CR. MISC. No.80898 of 2023(2) dt.10-01-2024 2/2 present at the place of occurrence. The petitioner has been roped in the present FIR on the false accusation. Specific allegation is against one co-accused Aryan Kumar @ Raman Kumar, who had allegedly assaulted the victim, who is sister of the informant. Petitioner has clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties, as well as, the fact that specific allegation of assault is against co-accused, the petitioner is directed to be released on pre-arrest bail, in the event of her arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Manjhaul, Begusarai/concerned court in connection with Khodawandpur P.S. Case No.176 of 2023, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J.) Ashishsingh/- Chn/- U T