Mira Devi @ Meera Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2016 of 2022 Arising Out of PS. Case No.-58 Year-2021 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== Mira Devi @ Meera Devi Wife Of Raj Kumar Singh @ Kheshari Singh R/O Village- Chamatha, P.S.- Vidyapati Nagar, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Narayan Roy, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution case, when the husband of the informant was returning home, all the FIR named accused persons including this petitioner and some unknown persons stopped him and started abusing him. When the husband of the informant protested, co-accused Shyam Deo Thakur and this petitioner assaulted on the leg of the husband of the informant with a piece of brick. Thereafter, co-accused Khesari Singh opened fire upon him as a result of which, he died on the spot. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.2016 of 2022(2) dt.13-06-2022 2/2 that the petitioner has falsely been implicated in this case. He further submits that though the petitioner is said to have assaulted on the leg of the deceased but the cause of death is due to firearm injury which has been attributed to co-accused Khesari Singh. He further submits that similarly situated coaccused Shyamdeo Thakur has already been granted regular bail by a Coordinate Bench of this Court passed in Cr. Misc. No. 1994 of 2022. Petitioner has got clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named in the event of her arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Dalasing Sarai, District Samastipur in connection with Vidyapati Nagar P.S. Case No. 58 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T