Patna High CourtCR. MISC./21609/2024allowed

Asha Devi v. The State Of Bihar

2024-03-20Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21609 of 2024 Arising Out of PS. Case No.-75 Year-2020 Thana- GANGTA District- Munger ====================================================== Asha Devi W/O Late Naresh Yadav R/O Village- Dariyapur, P.S- Gangta, Distt.- Munger.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr. Jyoti Ranjan Jha, Mr. Kr. Rajdeep, Adv.

For the Opposite Party/s :

Mr.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Gangta P.S. Case no. 75 of 2020 instituted for the offence under Sections 302, 341, 323, 324, 307, 504, 337, 338/34 of the Indian Penal Code.

3. It is a case of commission of murder by the accused persons due to which injured, Raj Kumar Yadav succumbed to injury during treatment at PMCH, Patna. Specific allegation against the petitioner is of pelting stones, which caused injury to Dasrath Yadav.

Patna High Court CR. MISC. No.21609 of 2024(2) dt.20-03-2024 2/3

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Specific allegation of assault to the deceased is against co-accused Shashikant and Gopal Kumar by means of rod to the deceased Raj Kumar Yadav. Allegation against the petitioner is of pelting stone which hit Dasrath Yadav, father of the deceased. Members of both sides have received injury in the alleged free-fight. Petitioner is a lady and she has also received injury in the same scuffle and her injury report is annexed as Annexure2. Petitioner has clean antecedent. The matter took place over a land dispute.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Gangta P.S. Case no. 75 of 2020, he will be enlarged on bail on

Patna High Court CR. MISC. No.21609 of 2024(2) dt.20-03-2024 3/3 furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Munger subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U