Sanbari Begam @ Sarbari Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84089 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- KISHANGANJ District- Kishanganj ====================================================== Sanbari Begam @ Sarbari Khatoon W/o- Absar @ Apsar Alam VillMohammadpur Fakir Tola Ps- Kishanganj District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-12-2024 Heard Mr. Ram Prawesh Kumar, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State

2. The petitioner apprehends her arrest in Kishanganj P.S. Case No. 19 of 2024 registered for the offences punishable under Sections 341, 323, 354, 307, 379, 504 & 506/34 of the Indian Penal Code.

3. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. She has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that there is delay of five days in lodging the F.I.R. without assigning any cogent and plausible reason for the said delay which creates serious doubt about the prosecution case. It is further submitted that due to grazing of

Patna High Court CR. MISC. No.84089 of 2024(2) dt.16-12-2024 2/2 field the aforesaid occurrence took place and spur of moment the informant fell down on the earth and sustained injury. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

4. Learned APP for the State vehemently opposing the bail petition submitted that considering the nature of the offence, the petitioner does not deserve anticipatory bail.

5. 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.

6. 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 in accordance with law without being prejudiced by this order.

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