Patna High CourtCR. MISC./13749/2019allowed

Asha Devi v. The State Of Bihar

2019-03-07Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13749 of 2019 Arising Out of PS. Case No.-113 Year-2018 Thana- EKANGARSARAI District- Nalanda ====================================================== Asha Devi Wife of Late Nandu Choudhary Resident of Village - Khojachak, Purandarpur, P.S.- Ekangarsarai, Distt.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Prasad Singh For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-03-2019 Supplementary affidavit has been filed on behalf of the petitioner. Same be kept on the record.

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

The petitioner is apprehending her arrest in a case registered under Sections 302/34 of the Indian Penal Code. Allegation is that the petitioners have murdered the father of the informant by cutting his neck with sharp weapon. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The police after investigation has submitted police report. From perusal of the said police report, it appears that the

Patna High Court CR. MISC. No.13749 of 2019(2) dt.07-03-2019 2/2 case has been found to be false against the petitioner. The said police report (charge sheet) is Annexure-3 to the supplementary affidavit.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Hilsa, Nalanda in connection with Ekangarsarai P.S. case No.113 of 2018 , subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T