Urmila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24289 of 2024 Arising Out of PS. Case No.-604 Year-2023 Thana- SULTANGANJ District- Patna ====================================================== Urmila Devi, wife of Shankar Prasad @ Shankar Mahto, R/o- Dargah Road, Shiv Mandir, Patthar Ki Masjid Ps- Sultanganj Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1 Mr. Anirudh Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-03-2024 1.
Heard learned counsel for the petitioner, learned A.P.P. for the State along with learned counsel appearing on behalf of OP No. 2, Mr. Anirudh Kumar.
2.
The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 341, 323, 302, 504 and 34 of the Indian Penal Code.
3.
Learned counsel for the OP No. 2 submits that he has received Vakalatnama on behalf of OP No. 2 and the same shall be filed in the registry today.
4.
The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman aged about 57 years. It is next submitted that on account of dispute relating to construction of house, the present occurrence
Patna High Court CR. MISC. No.24289 of 2024(2) dt.28-03-2024 2/3 is alleged to have taken place in which the informant alleges that the accused persons, including the petitioner, were objecting the construction being made by the informant and when the informant protested, it is alleged that the accused person including the petitioner assaulted him and his mother; and accused Subhash threw the mother of the informant from the terrace leading to her death. The learned counsel submits that what is not disputed rather stands admitted is that on account of dispute relating to construction, the alleged occurrence is said to have taken place.
It is also submitted that specific allegation of throwing the mother of the informant is against Subhash, and petitioner being mother of Subhash along with her husband have been implicated in the instant case with general and omnibus allegation of assault. It is also submitted that petitioner, who is 57 years of age, has remained a person with clean antecedents, as such, it does not appear probable that the petitioner along with her son would have indulged in the act but then submits that petitioner has been implicated in the instant case in order to coerce Subhash into submission.
5.
The learned APP along with learned counsel appearing on behalf of OP No. 2 opposes the submission of the learned counsel appearing on the petitioner but then are not in
Patna High Court CR. MISC. No.24289 of 2024(2) dt.28-03-2024 3/3 opposition to rebut his submission that specific allegation of throwing the mother of the informant from terrace is against Subhash.
6.
At this stage, the learned counsel for the petitioner submits that petitioner will not abscond rather will cooperate in the investigation.
7.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sultanganj P.S. Case No. 604 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) SUMIT/- U T