Likhani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23575 of 2022 Arising Out of PS. Case No.-91 Year-2021 Thana- DAGARUA District- Purnia ====================================================== LIKHANI DEVI WIFE OF LATE BISHWANATH YADAV R/O VILLAGESAURA, P.S.- DAGARUA, DISTRICT- PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-09-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed 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 u/s 302, 201/34 of the IPC. Allegedly, the husband of informant has been murdered by the F.I.R. named accused persons including the petitioner. 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 grudge. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.23575 of 2022(3) dt.26-09-2022 2/2 allegation leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner is the mother of deceased and was living separately from her son and the informant. There is no eye-witness to the alleged occurrence and only on suspicion petitioner, who is mother of the deceased, has been made accused in this case. After investigation, police submitted charge sheet against the co-accused Pintu Yadav u/s 306/201/34 of the IPC. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, 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 learned court below where the case is pending/Successor Court in connection with Dagarua P.S. Case No.91/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.