Shailaj Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5642 of 2023 Arising Out of PS. Case No.-25 Year-2021 Thana- BITHAN BAZAR District- Samastipur ====================================================== SHAILAJ DEVI W/o Mukesh Yadav R/o Village- Banbhaura, P.S.- Bithan, Distt- Samastipur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends her arrest in connection with Bithan P.S. Case No.25 of 2021, registered for the offences punishable under Sections 302, 323, 504/34 and 506 of the Indian Penal Code as well as under Section 27 of the Arms Act. Accusation is of killing the grandson of the informant. The petitioner is said to have caught hold the grandson of the informant and husband of the petitioner is said to have fired upon the grandson of the informant due to which he died. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail petition.

Patna High Court CR. MISC. No.5642 of 2023(2) dt.11-04-2023 2/2 It is further submitted that co-accused, Mukesh Yadav has already been acquitted by the learned court below (Annexure-2 of the bail petition).

Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner. Taking into consideration the facts aforesaid, let petitioner, above named, in the event of her arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 4th, Rosera, Samastipur in connection with Bithan P.S. Case No.25 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T