Sharda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19674 of 2023 Arising Out of PS. Case No.-219 Year-2020 Thana- JHAJHA District- Jamui ====================================================== Sharda Devi Wife of Darik Das @ Dorik Das R/V- Dhobiakura, P.S- Jhajha Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar, Advocate.

For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 14-06-2023 Heard Mr. Amrendra Kumar, learned counsel for the petitioner and learned APP for the State.

The Petitioner is apprehending her arrest in connection with Jhajha P.S. Case No.219 of 2020, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 302, 504, 506 of the Indian Penal Code.

It is alleged that all the accused persons including the petitioner armed with lathi, danda, sword, saif and rod came and assaulted the informant and his cousin brother due to which they sustained grievous injuries and subsequently the cousin brother of the informant died.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.19674 of 2023(2) dt.14-06-2023 2/3 submits that the petitioner is a hapless lady and there is no specific allegation of any overt act against her. He further submits that the FIR has been instituted against twenty-five persons with omnibus allegation, apart from the fact that both the parties are agnates. He next submits that other co-accused persons having similar allegation have been allowed privilege of anticipatory bail by learned Coordinate Bench of this Court in Cr. Misc. No. 60210 of 2021, vide order dated 18.05.2022 and further in Cr. Misc. No. 54834 of 2021, vide order dated 28.06.2022.

On the other hand learned APP for the State vehemently opposes the bail application.

Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioner is a lady and there is a case and counter case between the parties and co-accused persons having identical allegation have been allowed privilege of anticipatory bail, coupled with the fair antecedent, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief

Patna High Court CR. MISC. No.19674 of 2023(2) dt.14-06-2023 3/3 Judicial Magistrate, Jamui, in connection with Jhajha P.S. Case No.219 of 2020, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Harish Kumar, J) manoj/- U T