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Patna High CourtCR. MISC./84047/2023bail granted

Nitu Devi v. The State Of Bihar

2024-01-24Mr. Justice Harish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84047 of 2023 Arising Out of PS. Case No.-70 Year-2023 Thana- MANSURCHAK District- Begusarai ====================================================== Nitu Devi, W/O Hanshraj Mahto, R/O Village- Fateha, P.S- Bachhwara, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-01-2024 Heard Mr. Manoj Kumar Singh, learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. The petitioner is apprehending her arrest in connection with Mansurchak P.S. Case No. 70 of 2023 registered for the offences punishable under Sections 323, 341, 307, 354, 504 and 506/34 of the Indian Penal Code.

3. The allegation against the petitioner is of catching hold the informant and assaulting her by means of fists and slaps.

4. It is submitted on behalf of the petitioner that both the informant and the accused persons are Gotias and on account of a land dispute, scuffle took place resulting into case and counter case, being Mansurchak P.S. Case No. 71 of 2023. It is further submitted that the petitioner is a lady, who is not even

Patna High Court CR. MISC. No.84047 of 2023(2) dt.24-01-2024 2/2 participated in the alleged crime, but only to wreck vengeance, the name of the petitioner has been implicated in this case, more so, she is having fair antecedent.

5. On the other hand, learned APP for the State opposes the bail application.

6. Regard being had to the submissions made on behalf of the parties and considering the nature of allegation and the fact that the petitioner is a lady, having fair antecedent, moreover there is no injury sustained to any person, let the petitioner, named above, in the event of her arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai in connection with Mansurchak P.S. Case No. 70 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with the further condition that one of the bailors shall be the own/close relative of the petitioner.

(Harish Kumar, J) uday/- U T