Devendra Sah @ Surendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7402 of 2023 Arising Out of PS. Case No.-420 Year-2018 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

DEVENDRA SAH @ SURENDRA SAH S/o Late Shiv Nandan Sah R/o Village-Aarda Dharhara, P.S.- Sadar Hajipur, Distt- Vaishali. 2.

Amarjit Kumar S/o Devendra Sah R/o Village-Aarda Dharhara, P.S.- Sadar Hajipur, Distt- Vaishali.

3.

Dharamshila Devi W/o Devendra Sah R/o Village-Aarda Dharhara, P.S.- Sadar Hajipur, Distt- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-06-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

At the outset, after some arguments, learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner nos.1 and 2.

Permission is granted.

Accordingly, this application with regard to petitioner nos.1 and 2 is dismissed as withdrawn. Now, it is being heard for consideration of bail of petitioner no.3. Petitioner no.3 apprehends her arrest in a case registered for the offence punishable u/s 147, 148, 149, 341,

Patna High Court CR. MISC. No.7402 of 2023(3) dt.20-06-2023 2/3 323, 436, 427, 504 of the IPC.

The allegation against the petitioner is that she sprinkled kerosene oil over the house of the complainant and one Amarjit Kumar burnt the house by lightning a match stick.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is an admitted land dispute between the parties and the said house belongs to the petitioner but the complainant is claiming the same. It is further submitted that petitioner is a lady having no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the above named petitioner no.3 is a lady, let her, be released on bail, in the event of her 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

Patna High Court CR. MISC. No.7402 of 2023(3) dt.20-06-2023 3/3 each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Hajipur Sadar P.S. Case No.420/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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