Vidya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17953 of 2024 Arising Out of PS. Case No.-509 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== Vidya Devi W/o Saroj Rai @ Suresh Rai @ Saroj Kumar Yadav R/o vill - Belka, P.S. and Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajnish Kumar For the Opposite Party/s :

Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-04-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel appearing on behalf of the informant.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 341, 323, 447, 448, 354, 307, 504 and 34 of the Indian Penal Code read with Section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and has been falsely implicated in the instant case by the informant. It is further submitted that petitioner had earlier instituted Vaishali P.S. Case No. 519 of 2023 against the present informant and others alleging therein that she was assaulted by Harendra Rai by farsa causing injury on her head, thereafter, Satish Rai assaulted her son by dabia causing injury on head and Rahul assaulted by an iron rod causing fracture of the hand of her son. It is next submitted that since Keshaw Rai and others are related to the petitioner, as such, she has

Patna High Court CR. MISC. No.17953 of 2024(2) dt.05-04-2024 2/2 been implicated in the instant case with general and omnibus allegation when specific allegation of firing is against Keshaw Rai.

4. Learned A.P.P. for the State along with learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioner but are not in a position to rebut the submission of the learned counsel for the petitioner that petitioner is a woman and there is no specific allegation of assault against her and she has also instituted the aforesaid Vaishali P.S. Case No. 519 of 2023.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Vaishali P.S. Case No. 509 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T