Anita Singh @ Antima Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18635 of 2024 Arising Out of PS. Case No.-108 Year-2021 Thana- HARSIDHI District- East Champaran ====================================================== ANITA SINGH @ ANTIMA DEVI Wife of Late Nand Kishore Singh @ Mukul Singh Resident of Village-Raghunathpur, Police StationRaghunathpur, District-East Champaran at Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Karandeep Kumar, Advocate For the Opposite Party/s :
Mrs. Asha Devi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 27-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Harsidhi P.S. Case No.108 of 2021 instituted under Section 302/34 of the Indian Penal Code and under Sections 27 of the Arms Act.
3. As per the prosecution case, on 16.03.2021 the petitioner along with other named co-accused persons went to the shop of informant's husband and they started abusing and assaulting him. Specific allegation of firing upon the informant's husband is on co-accused Surendra Singh.
4. Learned counsel for the petitioner submits that the petitioner is not FIR named accused and only on the basis of
Patna High Court CR. MISC. No.18635 of 2024(2) dt.27-03-2024 2/3 confessional statement of the co-accused Rupam Singh @ Chhotan Singh she has been implicated in this case. The only allegation against the petitioner is that she ordered her son namely Rupam Singh @ Chhotan Singh to kill the informant's husband. Except the confessional statement of co-accused there is no material against the petitioner. The petitioner is a lady having no criminal antecedent. Learned counsel further submits that the co-accused, namely, Rupam Singh @ Chhotan Singh has already been granted regular bail by Co-ordinate Bench of this Court vide order dated 09.01.2023 passed in Cr. Misc. No. 19459 of 2022. He further submits that the petitioner undertakes to cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Harsidhi P.S. Case No.108 of 2021, subject to the
Patna High Court CR. MISC. No.18635 of 2024(2) dt.27-03-2024 3/3 conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) Sudha/- U T