Rajiya Devi@Rajia Devi@Radha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25686 of 2023 Arising Out of PS. Case No.-176 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== RAJIYA DEVI@RAJIA DEVI@RADHA DEVI WIFE OF RAMADEV SHARMA VILLAGE- MAUJI THAN SINGH, PS- BAKHRI, DISTTBEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sujit Kumar Sinha For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-07-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Bakhri Police Station Case No. 176 of 2022, dated 04.06.2022, disclosing offences under Sections 302/34 of the Indian Penal Code.

The prosecution case, on the basis of the First Information Report, is that the accused persons, named in the First Information Report, were constructing hut on the land belonging to the informant which was objected by the son-inlaw of the informant and his wife, upon which one Deepak Kumar assaulted the informant's son-in-law by means of bamboo causing head injury due to which he died in the

Patna High Court CR. MISC. No.25686 of 2023(2) dt.14-07-2023 2/3 hospital. It has further been alleged that when son-in-law of the informant fell on the ground other accused persons also assaulted by means of bamboo, danda, etc.

Learned Counsel for the petitioner submits that the petitioner happens to be the step-mother of the deceased and she has falsely been implicated in this case on the basis of general and omnibus allegation. He further submits that from perusal of the First Information Report, it would be evident that specific allegation of assault is upon Deepak Kumar. He next submits that the petitioner is a lady aged about 83 years and it is highly improbable that she will assault the deceased by means of bamboo or danda etc. He next submits that the police, after investigation, submitted the final form exonerating the petitioner from allegation, however, the learned Magistrate differed with final form and took cognizance against the petitioner. Learned counsel for the informant vehemently opposes the prayer for bail against the petitioner.

Patna High Court CR. MISC. No.25686 of 2023(2) dt.14-07-2023 3/3 petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge VII-cum-Additional Chief Judicial Magistrate VI, Begusarai, in connection with Bakhri Police Station Case No. 176 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U √ T √