Anokha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35087 of 2021 Arising Out of PS. Case No.-57 Year-2014 Thana- FULKAHA District- Araria ====================================================== ANOKHA DEVI WIFE OF PRADEEP YADAV R/O VILLAGE- TOP NABABGANJ, P.S.- FULKAHA, DISTRICT- ARARIA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences under Sections 341, 323, 436 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a women and the informant alleges that on 04.10.2014 he was working in his house when accused Pradeep Yadav and the petitioner came and started to remove the soil from the informant's land, it is next alleged that when the informant opposed, accused Pradeep Yadav assaulted the informant by fists and sticks and also assaulted the informant's wife and daughter when they came to rescue the informant, further it is alleged that the petitioner set

Patna High Court CR. MISC. No.35087 of 2021(2) dt.13-06-2022 2/3 ablaze the house of the informant in which household items, jewellery and other articles as mentioned in the F.I.R. worth Rs. 10,000/- were destroyed.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case in order to coerce the petitioner and her family members into submission with respect to dispute relating to a piece of land. It is next submitted that merely because the petitioner is a lady as such it has been falsely alleged that she set ablaze the house of the informant on fire. Learned counsel further submits that the case is of the year 2014 and till 2022 the petitioner has not been arrested that in itself demonstrates that nothing came during the course of investigation which necessitated the arrest of the petitioner.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner and the fact that the petitioner is a women having clean antecedent and she has not been arrested for nearly eight years, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory

Patna High Court CR. MISC. No.35087 of 2021(2) dt.13-06-2022 3/3 bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each 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 Fulkaha P.S. Case No. 57 of 2014 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T