Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5836 of 2024 Arising Out of PS. Case No.-22 Year-2023 Thana- MANJHAGARH District- Gopalganj ====================================================== 1.

Kiran Devi W/O Haresh Patel R/O Village - Bhawaniganj, P.S. - Manjhagarh, Dist. - Gopalganj 2.

Anshu Kumari W/O Haresh Patel R/O Village - Bhawaniganj, P.S. - Manjhagarh, Dist. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramadhar Shekhar For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 34 of the Indian Penal Code later on Section 302 of the I.P.C. was added.

3. As per the prosecution case, the petitioners along with other co-accused persons are said to have assaulted the mother-in-law of the deceased.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the postmortem report has not supported the prosecution case.

Patna High Court CR. MISC. No.5836 of 2024(2) dt.20-02-2024 2/2 He further submits that postmortem report shows that the death is caused due to intracranial haemorrhage leading to cardio pulmonary arrest. He also submits that there is compromise between the parties. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners and petitioner are female, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Manjhagarh P.S. Case No.22 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T