Patna High Court - Orders
Kalpana Rai vs The State Of Bihar on 15 November, 2022
Author: Sunil Kumar Panwar
Bench: Sunil Kumar Panwar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30968 of 2022
Arising Out of PS. Case No.-87 Year-2020 Thana- BARSOI District- Katihar
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KALPANA RAI D/o Tupen Roy, W/o Deven Rai Resident of Village- Bighor
hat, P.S.- Barsoi (O.P. Kachna), District- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Md. Musowir
For the Opposite Party/s : Mr.Braj Kishore Pd.(App)
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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
2 15-11-2022Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Barsoi (K) P.S. Case no. 87 of 2020 instituted for the offence under Sections 147, 148, 149, 341, 323, 307, 379 and 504 of the Indian Penal Code.
As per allegation in the FIR, petitioner inflicted knife blow on the head of the informant's wife as a result of which, she sustained head injury. It is further alleged that co-accused Luxman Rai snatched Rs. 25000/- from the informant.
Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have been falsely implicated in this case. There is case and counter case Patna High Court CR. MISC. No.30968 of 2022(2) dt.15-11-2022 2/2 between the parties. Informant is own brother of the petitioner's husband. Occurrence took place over distribution of crops. Annexure 3 is injury report of informant's wife from which it appears that she has sustained simple injury.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Barsoi (Kachna) P.S. Case no. 87 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, 1st, Katihar subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) nirajkrs/-
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