Gita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26580 of 2024 Arising Out of PS. Case No.-354 Year-2023 Thana- SIKANDRA District- Jamui ====================================================== Gita Devi Wife Of Satyendra Kumar Mishra @ Satyendra Mishra Resident Of Village - Lahila, Police Station - Sikandra, District - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar For the State :

Mr. Uday Pratap Singh For the Informant :

Mr. Sudhanshu Trivedi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner apprehends his arrest in Sikandra P.S. Case No. 354 of 2023 registered for the offences punishable under Sections 147, 148, 149, 380, 302, 504 and 506 of the Indian Penal Code.

3. The allegation against the petitioner is that she along with other co-accused persons entered into house of the informant and started assaulting informant's side. It is further alleged that the father and the mother of the informant died during course of treatment.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.26580 of 2024(2) dt.01-05-2024 2/2 specific rather general and omnibus in nature. He submits that there is family dispute between the parties, both parties are own family members. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail and submitted that the father of the informant died during the course of treatment.

6. Considering the facts and circumstances of case and the fact the father and the mother of the informant died during the course of treatment, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, if the petitioners surrender before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order, considering the fact that there is no specific overt act against the petitioner and the petitioner is a female. (Anjani Kumar Sharan, J) anand/- U T