Anit Devi @ Chandrika Devi @ Chandrakala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2706 of 2019 Arising Out of PS. Case No.-1044 Year-2018 Thana- SAHARSA District- Saharsa ====================================================== Anit Devi @ Chandrika Devi @ Chandrakala Devi Umesh Prasad Bhagat @ Umesh Bhagat Vill-Saptiyahi, at present resident of Kuwar Tola Gangjala Ward no.18, PS-Saharsa,Dist.-Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nand Singh Mr. Hera Jha For the Opposite Party/s :

Mr.Binod Kumar For the Informant :

Mr. Suman Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-01-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Saharsa Sadar P.S. Case No. 1044 of 2018, registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

The allegation in the present case is regarding some disputes having taken place in between the prosecution side and the informant side with regard to amassing garbage, whereafter the petitioner is said to have instigated her sons to kill the deceased father of the informant and thereafter, the

Patna High Court Cr.Misc. No.2706 of 2019(2) dt.21-01-2019 2/3 co-accused persons, namely, Bipin Kumar Bhagat and Arvind Kumar Bhagat are stated to have brought iron-rod and attacked the deceased resulting in his death. The learned counsel for the petitioner has submitted that the petitioner is innocent and she has been falsely implicated in the present case inasmuch as she is a lady of 70 years and the co-accused persons, who are alleged to have assaulted the deceased resulting in his death, are matured persons, hence, at best, they can be said to be responsible for the alleged death, but the petitioner in no way is connected with the alleged crime. It is submitted that the petitioner is having a clean antecedent and she is languishing in custody since 18.09.2018.

Per contra, the learned counsel for the informant has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa

Patna High Court Cr.Misc. No.2706 of 2019(2) dt.21-01-2019 3/3 in connection with Saharsa Sadar P.S. Case No. 1044 of 2018. (Mohit Kumar Shah, J) ajay gupta/- U T