Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11313 of 2022 Arising Out of PS. Case No.-325 Year-2021 Thana- WARISNAGAR District- Samastipur ====================================================== ASHA DEVI W/o Shree Satto Rai R/o village- Moglanichak, P.S.- Warisnagar, District- Samastipur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rama Nand Poddar For the Opposite Party/s :

Ms. Nirmala Kumari Mr. Bijay Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-08-2022 Heard learned counsel for the parties.

The petitioner apprehends her arrest in connection with Warisnagar P.S. Case No.325 of 2021, registered for the offences punishable under Sections 302, 120(B) and 34 of the Indian Penal Code.

The petitioner and other co-accused persons are said to have assaulted the son of the informant due to which the son of the informant died.

Learned counsel for the petitioners submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that there is general and omnibus allegation against the petitioner. There is no eye witness of the occurrence and only on the basis of suspicion, the

Patna High Court CR. MISC. No.11313 of 2022(2) dt.03-08-2022 2/2 petitioner is made accused in the present case. It is lastly submitted that the petitioner has got no criminal antecedents as stated in paragraph-3 of the bail petition.

Learned APP for the State as well as the learned counsel for the informant opposed the prayer for anticipatory bail of the petitioner and submitted that the occurrence took place inside the house of the petitioner. The doctor found several injuries on the body of the deceased.

Taking into consideration the facts and circumstances of the case, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

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