Chandrakala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4688 of 2024 Arising Out of PS. Case No.-58 Year-2022 Thana- ANDHRAMATH District- Madhubani ====================================================== Chandrakala Devi W/o Dr. Bindeshwar Mandal @ Bindeshwar Mandal R/o vill - Jarauli, P.S. - Andhramath, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Krishna Jha For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends her arrest in a case registered for the offence punishable u/s 147, 148, 149, 323, 341, 379, 427, 307, 302 of the IPC and 27 of the Arms Act.

3.

Allegedly, the petitioner along with other co-accused persons entered into the house of the informant and on protest by the informant's husband, one Bindeshwar Mandal made firing from the country made pistol which hit on the stomach of the informant's husband.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather

Patna High Court CR. MISC. No.4688 of 2024(2) dt.09-02-2024 2/2 general and omnibus in nature by alleging that they scattered the house hold articles of the informant. It is submitted that after investigation, the police has filed final form against the petitioner but the Court below differing with the final form took cognizance against the petitioner. Petitioner has no criminal antecedent and some of the co-accused have been granted anticipatory bail by this Court in Cr. Misc. No.50488 of 2022 dated 08.12.2022.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since similarly situated co-accused have been granted bail, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Andhramath P.S. Case No.58 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T