Pushpa Devi @ Pushpa Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22367 of 2021 Arising Out of PS. Case No.-208 Year-2020 Thana- CHACKMEHSI District- Samastipur ====================================================== 1.
PUSHPA DEVI @ PUSHPA KUMARI W/o Suresh Ray, D/o Rajendra Ray R/o village- Simri, P.S.- Chakmeshi, District- Samastipur 2.
Pushpa Devi @ Pushpa Kumari W/o Suresh Ray, D/o Bhushan Sahani R/o village- Simri, P.S.- Chakmeshi, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mrityunjay Kumar For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-01-2022 Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Chakmeshi P.S. Case no. 208 of 2020 instituted for the offence under Sections 302/120(B) and 34 of the Indian Penal Code.
As per allegation in the FIR, over a trivial dispute relating to land, husband of the petitioners has fired upon the
Patna High Court CR. MISC. No.22367 of 2021(3) dt.03-01-2022 2/2 husband of the informant which hit him resulting into his death. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and has committed no offence. There is no allegation of assault against these petitioners. Both the petitioners are wives of Suresh Ray, against whom there is specific allegation of firing.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Chakmeshi P.S. Case no. 208 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Samastipur subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) sushma/- U