Sita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12315 of 2023 Arising Out of PS. Case No.-405 Year-2022 Thana- BAKHTIARPUR District- Saharsa ====================================================== SITA DEVI W/O LALESHWAR YADAV @ LAKRU YADAV Resident of Village- Mahkhar, P.S.- Bakhtiyarpur, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Kumar Singh For the Opposite Party/s :

Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code pending in the learned court below.

Prosecution case in brief is that the buffalo of Lakaru Yadav hit the goat of the informant, for which a complaint was made by the mother and wife of the informant, for which they were subjected to assault.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He further submits that there is specific overt act

Patna High Court CR. MISC. No.12315 of 2023(2) dt.18-05-2023 2/2 against the co-accused Laleshwar Yadav @ Lakaru Yadav who assaulted the deceased by means of Kudal. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that there is no specific overt act against the petitioner, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Bakhtiyarpur P.S. Case No.405/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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