Chandrawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24708 of 2017 Arising Out of PS.Case No. -33 Year- 2017 Thana -RAGHUNATHPUR District- SIWAN ====================================================== Chandrawati Devi, W/o Sri Shivji Singh, R/o Village- Rajpur, P.S. Raghunathpur, District- Siwan.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ajeet Singh, Advocate For the Opposite Party/s : Mr. Sri Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

13-06-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending her arrest in connection with Raghunathpur P.S. Case No. 33 of 2017 for offences registered under Sections 147, 148, 149, 341, 323, 324, 325, 326, 504, 506, 448, 302, 201 and 427 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is mother of the deceased and a bare perusal of the First Information Report would show that the entire family members including the lady members of the family have been named in the First Information Report without assigning any specific act of assault on the deceased. He refers the First Information Report and submits that the

Patna High Court Cr.Misc. No.24708 of 2017 (2) dt.13-06-2017 allegations of assault are specifically made against Abhishek Singh, Shiv jee Singh and Jitendra Singh. Learned counsel for the petitioner would further submit that the dispute with regard to properties has been alleged in the First Information Report, but there is no such dispute and no litigation was going on between the deceased and his family members. He submits that the father-in-law of the deceased has falsely implicated the entire family in this case.

Learned Additional Public Prosecutor opposed the prayer for bail of the present petitioner, however, he accepts the position that save and except the name of the present petitioner in the First Information Report nothing is alleged against her.

Considering the nature of the case and that the petitioner being lady and mother of the deceased, I am inclined to grant Anticipatory Bail to the petitioner, in the event of her arrest/surrender before the court below, let the petitioner above-named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection

Patna High Court Cr.Misc. No.24708 of 2017 (2) dt.13-06-2017 with Raghunathpur P.S. Case No. 33 of 2017. The petitioner shall immediately join the investigation and cooperate in course of the same to the Investigating Officer. (Rajeev Ranjan Prasad, J.) Rajeev/- U T