Nutan Devi @ Lutan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5026 of 2023 Arising Out of PS. Case No.-375 Year-2022 Thana- BARHARA KOTHI District- Purnia ====================================================== Nutan Devi @ Lutan Devi Wife Of Mantu Ram R/V- Hanuman Nagar, Ward No. 11, P.S.- Barahara (Raghuvansh Nagar), District- Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302 and 120B of the Indian Penal Code.

Allegation against the petitioner that the petitioner was roaming in the varandah of the informant and when she left other co-accused persons came at her house and asked about Rajendra. It is further alleged that the petitioner along with other co-accused, with common intention, murdered her father-in-law due to land dispute.

Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature.

Patna High Court CR. MISC. No.5026 of 2023(2) dt.07-04-2023 2/2 He submits that earlier the petitioner has filed a case i.e. Barahara P.S. Case No. 17/2021 under Section 364, 302, 120B/34, 201 of the Indian Penal Code against husband of the present informant and other family members and to take revenge the present case has been filed by the informant. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his 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 Barahara P.S. Case No. 375 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T