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Patna High CourtCR. MISC./71/2025bail granted

Panchi Devi v. The State Of Bihar

2025-02-04Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71 of 2025 Arising Out of PS. Case No.-164 Year-2024 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Panchi Devi W/o- Pintu Paswan @ Pritam Paswan Village- Parora ward No 13, PS- K Nagar Distt-Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-02-2025 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 offence under Sections 341, 323, 324, 307, 354, 302, 504, 34 of the Indian Penal Code.

3. The prosecution case, in brief, is that on 12.04.2024 around 18:30 O'clock, while the informant was going to defecate in a field, she saw that Krishna Kumar and Golu Paswan were fighting with each other, whereupon, informant tried to pacify them, then this petitioner and her husband coaccused Pritam Paswan came there with iron rod & stick and started abusing and assaulting her (informant) and co-accused Pritam Paswan also tore informant's saree & blouse and made

Patna High Court CR. MISC. No.71 of 2025(2) dt.04-02-2025 2/3 her half-naked. In the meantime, Shyama Devi came to rescue the informant, then Panchi Devi (petitioner) and Pritam Paswan attacked her with iron rod, due to which she died on the spot due to internal injuries. It is further alleged that co-accused Golu Paswan and Pritam Paswan assaulted informant with an iron rod, due to which, she received head injury.

4. Learned counsel for the petitioner submits that as per F.I.R., there is specific allegation against this petitioner that she alongwith co-accused Pritam Paswan assaulted on the head of deceased with iron rod, due to which, she died on spot, but in post-mortem report of Shyama Devi (deceased), no external injury has been found on the person of deceased, which itself falsifies entire prosecution case. As a matter of fact, the deceased died natural death and no such occurrence, as alleged in the F.I.R., has ever taken place. Petitioner is lady and has got clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten

Patna High Court CR. MISC. No.71 of 2025(2) dt.04-02-2025 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Purnea in connection with K.Nagar P.S. Case No. 164 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T