Khushboo Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6071 of 2024 Arising Out of PS. Case No.-236 Year-2022 Thana- CHAPRA TOWN District- Saran ====================================================== 1.
Khushboo Kumari D/o Subhash Rai @ Jhariman R/oVillage-Dahiawa, P.STown (Chapra), District-Saran 2.
Rajat Kumar @ Rahul S/o Ashok Kumar R/o vill-Dahiawa, P.S-Town (Chapra), Distt.-Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Kumar Yadav, Adv For the Opposite Party/s :
Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-02-2024 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused / petitioners are named in the FIR and apprehending their arrest in a case registered for the offences punishable under Section 341, 323, 337, 186, 53, 354, 354(b), 308, 504, 506/34 of the Indian Penal Code.
3. The allegation against petitioners to misbehave with the police constable of Mahila Police Station, Saran, along with co-accused Rahul. It is specifically alleged that co-accused Rahul after holding collar of police constable, caused scratch injury over neck of informant.
4. Learned counsel for the petitioner submitted that petitioner herself a victim as when she approached to Mahila
Patna High Court CR. MISC. No.6071 of 2024(2) dt.17-02-2024 2/2 Police Station to lodge her complaint, was falsely implicated with the present case. It is submitted that petitioners were gone to police station to lodge complaint against each other. It is submitted that the allegation of misbehaving and causing simple injury is added as an improved version. While concluding argument, it is submitted that both petitioners are of clean antecedent.
5. Learned APP for the State opposes the prayer of bail.
6. In view of the aforesaid fact and circumstances and by taking note of fact that injury as alleged to be caused by petitioners is simple, where both petitioners are of clean antecedent, accordingly, both above-named petitioners in the event of their arrest or surrender within a period of four weeks, is directed to be released on bail furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like each to the satisfaction of the learned Chief Judicial Magistrate, Chapra, Saran in connection with Chapra Town P.S. Case NO. 236 of 2022, Subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Chandra Shekhar Jha, J.) N.K/- U T