Roshni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15125 of 2020 Arising Out of PS. Case No.-226 Year-2019 Thana- SHAHKUND District- Bhagalpur ====================================================== Roshni Devi wife of Deepak Sah and daughter of Umesh Sah, resident of Village - Bariyarpur, P.S. - Shahkund, District - Bhagalpur, presently residing at Mohalla - Gurpal Nagar, Gate No. 11/23, P.S. - Sonewal, District - Ludhiana - 141003 (Punjab).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed Masleh Uddin Ashraf For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

08-07-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in Shahkund P.S. Case No. 226 of 2019 registered for the offence under Sections 302, 34 of the Indian Penal Code.

As per F.I.R., the allegation against petitioner and others is that on 29-08-2019 at about 1:00 AM, they killed the mother-in-law of informant.

It is submitted on behalf of petitioner that petitioner is a lady and has got no concern with the alleged occurrence. Specific allegation is against co-accused Umesh Sah and his son Amresh Sah. So far as petitioner is concerned, there is general and omnibus allegation. Petitioner is only a member of the mob

Patna High Court CR. MISC. No.15125 of 2020(2) dt.08-07-2020 2/2 and she has falsely been implicated in this case due to previous enmity, whereas, petitioner is a married lady residing with her husband at Ludhiana, having no criminal antecedent. Considering the aforesaid facts and circumstances, the anticipatory bail application is allowed.

In the event of arrest or surrender within a period of six weeks from today, let the above-named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Shahkund P.S. Case No. 226 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J.) anay U T