Nitu Devi @ Ritu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22718 of 2022 Arising Out of PS. Case No.-227 Year-2021 Thana- NAWADA MUFFASIL District- Nawada ====================================================== NITU DEVI @ RITU KUMARI W/o Anil Chaudhary @ Anil Kumar Chaudhary Resident of Village - Pansala, P.s.- Muffasil (Nawada), Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioner apprehends her arrest in a case registered for the offence punishable under section 302, 120(B) of the IPC.

Allegedly, the petitioner alongwith other accused persons killed the daughter of the informant by strangulating

Patna High Court CR. MISC. No.22718 of 2022(2) dt.25-08-2022 2/3 her.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case due to enmity and grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. The petitioner has been made accused in the present case because she is second wife of accused Anil Chaudhary. The husband of the deceased has already been granted bail by the court below itself. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, 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

Patna High Court CR. MISC. No.22718 of 2022(2) dt.25-08-2022 3/3 learned court below where the case is pending/Successor Court in Nawada (M) P.S. Case No.227 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T