Kunti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19428 of 2023 Arising Out of PS. Case No.-230 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== KUNTI DEVI Wife of Paras Ray Resident of Village - Mandilawa, P.S.- Chiraiya, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Yadav For the Opposite Party/s :

Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 302 and 120B of the Indian Penal Code.

All the F.I.R. named accused persons including this petitioner is said to have committed the murder of husband of the informant and threw his dead body.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. She has been falsely implicated in this case merely on suspicion. Both sides are co-villagers. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that from perusal of the F.I.R.,

Patna High Court CR. MISC. No.19428 of 2023(3) dt.26-06-2023 2/2 it is clear that petitioner is only a member of the mob. It is further submitted that there is admitted land dispute between the parties and for the same a Panchayati was also initiated on 15.05.2022. Similarly situated co-accused, Sumitra Devi and another have been granted anticipatory bail by this Court vide order dated 12.01.2023 passed in Cr. Misc. No.62244 of 2022. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, 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 six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Chiraya P.S. Case No.230 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T