Kiran Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4868 of 2025 Arising Out of PS. Case No.-78 Year-2024 Thana- SAHAR District- Bhojpur ====================================================== Kiran Devi W/O Deepak Rai R/O Vill.- Perhap, P.S- Sahar, Dist.- Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Shankar Roy, Advocate For the Opposite Party/s :
Mr. Anil Prasad Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-03-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 147, 148, 149, 307, 302, 448, 201, 447 of the Indian Penal Code read with Section 25(1B)a, 26, 27 and 35 of the Arms Act.
3. As per prosecution case, informant alleges that named male accused persons entered his Dalan where he was sitting with his son and on account of previous enmity, the accused being agnates fired, on which, the informant and his son fled in their house, thereafter, co-accused Priyanshu, Deepak and Sonu fired indiscriminately causing injury to his son, further Diwakar, Vishnu, Suman, Parmatma, Nandu, Chhotak and 3-4 unknown also fired at the informant and his son who was lying
Patna High Court CR. MISC. No.4868 of 2025(2) dt.27-03-2025 2/3 on the ground while petitioner was watching the occurrence from the window, it is next alleged that his son was declared dead by the doctor.
4. Learned counsel for the petitioner submits that from perusal of the F.I.R., it would manifest that specific allegation of firing is against named accused persons and no specific allegation is alleged against the petitioner, rather it is alleged that petitioner was only watching the occurrence from the window. Petitioner was neither present at the place of occurrence nor concerned with the alleged occurrence. Moreover, similarly situated co-accused persons have already been granted anticipatory bail by co-ordinate Bench of this Hon'ble Court vide order dated 06.08.2024 passed in Cr. Misc. No. 54406 of 2024. Petitioner is lady and claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering the backdrop of the case, nature of accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of her arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-
Patna High Court CR. MISC. No.4868 of 2025(2) dt.27-03-2025 3/3 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Bhojpur in connection with Sahar P.S. Case No. 78 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T