Rajmani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2452 of 2023 Arising Out of PS. Case No.-165 Year-2021 Thana- PASRAHA District- Khagaria ====================================================== RAJMANI DEVI WIFE OF SHAMBHU SINGH R/O VILLAGEBARMASIYA, P.S.- PASRAHA, DISTRICT- KHAGARIA. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Yogesh Chandra Verma, Senior Advocate Mr. Manoj Kumar, Advocate For the State :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-03-2023 Heard Mr. Yogesh Chandra Verma, learned Senior Counsel assisted by Mr. Manoj Kumar for the petitioner and learned APP for the State.

The petitioner apprehends her arrest in connection with Pasraha P.S. Case No.165 of 2021, registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

The petitioner alongwith other co-accused persons is said to have assaulted the wife of the informant by means of lathi-danda and iron rod due to which the wife of the informant died.

Learned Senior Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.2452 of 2023(2) dt.24-03-2023 2/2 present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that there is general and omnibus allegation against the petitioner. It is submitted that the postmortem report does not support the prosecution case. It is further submitted that at paragraph 15 of the case diary, it is mentioned that no external injury was found on the head or other parts of body except swelling on the chest. Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner.

Taking into consideration the facts aforesaid, let petitioner, above named, in the event of her arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Khagaria in connection with Pasraha P.S. Case No.165 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) S.