Pankaj Kumari @ Pankaj Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84437 of 2023 Arising Out of PS. Case No.-5 Year-2021 Thana- SINDHIYA District- Samastipur ====================================================== Pankaj Kumari @ Pankaj Devi, female, aged about 51 years, wife of Manoj Kumar Singh, resident of village- Kundal, P.S.-Singhia, District- Samastipur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Avinash Singh For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-02-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
3. The petitioner is apprehending her arrest in a case in connection with Singhia P.S. Case No. 05 of 2021 dated 14.06.2023 registered for the offence/s punishable under Sections 147, 341, 323, 324, 307, 379, 354, 506 of the Indian Penal Code.
4. As per the prosecution case, the petitioner and other co-accused persons holding pistol, khanti, iron rod and sword are alleged to have assaulted the informant's husband and her son. The co-accused Nakul Kumar and Manoj Singh slammed the informant on the ground and after catching hold of her and
Patna High Court CR. MISC. No.84437 of 2023(2) dt.05-02-2024 2/3 tore her blouse. They assaulted on her head with the butt of pistol causing injury. The petitioner also snatched Mangalsutra.
5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner and the informant are Patidars and there is admitted land dispute between both the parties. There is a case and counter case between the parties. He also submits that the injuries are simple in nature. No offence under Section 354 of the Indian Penal Code is made out against the petitioner. It is further submitted that the allegation of theft is an ornamental. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.
6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, being lady in the event of her arrest/surrender within a period of six weeks from today, been enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Rosera at Samastipur in connection with Singhia P.S. Case No. 05 of 2021, subject to conditions as laid down under section
Patna High Court CR. MISC. No.84437 of 2023(2) dt.05-02-2024 3/3 438(2) of the Code of Criminal Procedure.
8. The application stands allowed.
(Chandra Prakash Singh, J) Ranjeet/- U T