Anita Devi @ Anita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5697 of 2022 Arising Out of PS. Case No.-479 Year-2020 Thana- DAUDNAGAR District- Aurangabad ====================================================== ANITA DEVI @ ANITA KUMARI W/o Chhatrapati @ Gunjan Patel Resident of Village - Kanap, P.S. -Daudnagar, District - Aurangabad (Bihar). ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Singh, Advocate For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-05-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending her arrest in a case registered under Section 306 of the Indian Penal Code. Prosecution case, in short, is that on 23.12.2020, the informant's elder son, namely, Chhatrapati alias Gunjan Patel had fight with his wife and left home. Upon returning, the informant found his son hung on the ceiling fan. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.5697 of 2022(2) dt.13-05-2022 2/2 petitioner. The petitioner has been made accused due to mistake of fact. The petitioner happens to be the wife of the deceased. There is no substantive evidence to suggest that the petitioner happens to be the abettor. The petitioner is a lady. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory 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 S.D.J.M., Daudnagar, District Aurangabad in connection with Daudnagar P.S. case No.479/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T