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Patna High CourtCR. MISC./11626/2024allowed

Reshmi Devi v. The State Of Bihar

2024-03-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11626 of 2024 Arising Out of PS. Case No.-306 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Reshmi Devi W/o Ramashish Rai R/o vill - Saidpur, P.S. - Mahua, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rupa Kumari For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 341, 323, 324, 307, 379, 427, 302, 504, 506 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and other co-accused persons are said to have assaulted the informant with lathi, danda, iron rod and bricks, due to which, he sustained injury. It is further alleged that when bhabhi and aunt of the informant came to rescue him then all the accused persons also assaulted them, on account of which, the aunt of the informant, namely, Shakunti Devi got injury and became unconscious and during course of treatment, she died. The accused persons also committed loot-pat in the house of the informant.

Patna High Court CR. MISC. No.11626 of 2024(2) dt.12-03-2024 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Similarly situated co-accused have been enlarged on bail by a co-ordinate bench of this court vide order dated 28.02.2024 and 22.02.2024 passed in Cr. Misc. No. 9873 of 2024 and Cr. Misc. No. 9674 of 2024 respectively. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

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

6. Considering the facts and circumstances of the case, 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 Mahua P.S. Case No. 306 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