Binda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3715 of 2022 Arising Out of PS. Case No.-401 Year-2015 Thana- GAYA MUFASIL District- Gaya ====================================================== Binda Devi S/O Awadhesh Yadav @ Awadhesh Kumar Resident Of Mohalla - Upathu, P.S. - Atri, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2022 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 447, 341, 323, 324, 379, 307/34 of the Indian Penal Code. Subsequently Section 302 I.P.C was also added.

The prosecution case as per F.I.R is that all the F.I.R named accused persons including the petitioner entered into the house of the informant with sword, bhala, pistol, bricks and started assaulting to the informant and his other family members namely Rahul

Patna High Court CR. MISC. No.3715 of 2022(4) dt.13-12-2022 2/3 Kumar, Neha Kumari, Mithlesh Kumar, Pankaj Kumar and Shakun Devi and snatched Rs. 25,000/- from Shakun Devi. During the course of treatment, injured Rahul Kumar Died.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case. The petitioner is neighbour of the informant. She was not named in the F.I.R. The petitioner and the informant were in inimical term from before as petitioner's side had earlier lodged Gaya Muffasil P.S. Case No. 402 of 2015 against the informant's side. There is general and omnibus allegation against the petitioner. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In the facts and circumstance of the case, 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 Thousands)

Patna High Court CR. MISC. No.3715 of 2022(4) dt.13-12-2022 3/3 with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Gaya Muffasil P.S. Case No. 401 of 2015(G.R. No. 5547/2015), subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Shageer/- U T