Juli Devi @ Juli Kumari @ Shailija Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85983 of 2023 Arising Out of PS. Case No.-138 Year-2023 Thana- CHAUTHAM District- Khagaria ====================================================== Juli Devi @ Juli Kumari @ Shailija Kumari, W/O Vijay Sahni @ Vijay Kumar, D/O Sharvan Sahni, R/O Village- Sonbarsha Ghat, P.S- Choutham, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In this case, the petitioner is apprehending her arrest in connection with Choutham P.S. Case No. 138 of 2023, registered on 08.05.2023 for the offences under Sections 307, 504 and 506/34 of the Indian Penal Code.

3. As per prosecution case, in the background of family dispute, the petitioner on saying of her husband, poured hot water on the informant, her sister-in-law, during a quarrel.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. From

Patna High Court CR. MISC. No.85983 of 2023(2) dt.24-01-2024 2/3 the FIR, it is apparent that it is a case of family dispute and quarrel over transfer of land. Learned counsel further submits that the FIR has been registered after two days without any explanation. Moreover, injury report of the injured is not on record and the same appears to be a false claim. Petitioner is having clean antecedent.

5. Learned APP opposes the prayer for anticipatory bail.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the absence of injury report and also considering the possibility of false implication in the background of land dispute, let the petitioner above named, in the event of her arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st, Khagaria/court concerned in connection with Choutham P.S. Case No. 138 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of

Patna High Court CR. MISC. No.85983 of 2023(2) dt.24-01-2024 3/3 the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) balmukund/- U T