Patna High CourtCR. MISC./22824/2022bail granted

Rekha Devi v. The State Of Bihar

2022-09-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22824 of 2022 Arising Out of PS. Case No.-529 Year-2021 Thana- PATRAKARNAGAR District- Patna ====================================================== REKHA DEVI WIFE OF ARVIND GUPTA @ SHANKAR KUMAR R/O MOHALLA- KADAMKUAN, GALI NO.-1, P.S.- KADAMKUAN, DISTRICT- PATNA AND ALSO RESIDENT OF MOHALLA- SALIMPUR AHRA, GALI NO.-1, P.S.- GANDHI MAIDAN, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-09-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends her arrest in a case registered for the offence punishable under Section 307, 379 and some other ancillary Sections of the Indian Penal Code. As per prosecution case, this petitioner along with other accused persons assaulted the son and other family members of the informant by knife and iron rod. Learned counsel appearing for the petitioner submits that petitioner is daughter-in-law of the informant and no specific overt act has been alleged against her. The genesis of occurrence is falsified by the fact that partition has already taken place between the parties through compromise decree passed in Title Partition Suit No. 525/ 2017 and there was no occasion for

Patna High Court CR. MISC. No.22824 of 2022(2) dt.06-09-2022 2/2 demanding share of the property from the husband of this petitioner. Petitioner has got clean antecedent. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-VIII, Patna in connection with Patrakar Nagar PS case No. 529/ 2021, subject to conditions laid down u/s 438(2) of the Cr. P. C.

(Prabhat Kumar Singh, J) BKS/- U T