Seema Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11799 of 2025 Arising Out of PS. Case No.-75 Year-2022 Thana- KATEYA District- Gopalganj ====================================================== Seema Devi Wife of Omprakash Giri Resident of Village- Koisha Khurd, P.S.- Kateya, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 16-07-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest in connection with Kateya P.S. Case no.75 of 2022 registered under sections 302, 120B and 34 of the Indian Penal Code.

3. The present F.I.R was lodged by one Vivek Kumar Giri who happens to be the uncle of the deceased against accused persons for the murder of his nephew.

4. Learned counsel for the petitioner submitted that after investigation charge-sheet was submitted in this case against the named accused persons and thereafter charges were framed and trial proceeded. As many as six witnesses were examined on behalf of the prosecution who have been examined during course of investigation. In the meantime, some affidavits were filed by family members of the accused persons of this case stating therein the complicity of the informant Vivek Kumar Giri and his bhabhi (sister-in-law) i.e. the mother of the deceased (petitioner) in the alleged offence. It is further

Patna High Court CR. MISC. No.11799 of 2025(4) dt.16-07-2025 2/2 submitted that only on the basis of these affidavits the police has issued warrants against the petitioner and other accused persons without there being any other material collected during course of investigation to connect the petitioner in the alleged offence. The petitioner has no criminal antecedent and undertakes to cooperate in investigation/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Taking into consideration the above mentioned facts of the case, it is directed that the petitioner, above named, in the event of her arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Kateya P.S. Case no.75 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

(Soni Shrivastava, J) Harsh/- U T