Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29466 of 2024 Arising Out of PS. Case No.-10 Year-2006 Thana- DUMARIYA District- Gaya ====================================================== Anita Devi Wife of Arjun Singh Resident of Village- Taradih, P.S.- Amas, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramendra Kumar Singh For the Opposite Party/s :

Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending her arrest in connection with Dumariya P.S. Case No. 10 of 2006 instituted for the offences under Sections 306 and 34 of the Indian Penal Code.

3. Prosecution case in short, is that due to ongoing atrocities faced at the matrimonial house, daughter of the informant has committed suicide by administering poision.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner is the married Nanad of the deceased and she was unmarried at the time of alleged occurrence. There is no specific overt act alleged against the

Patna High Court CR. MISC. No.29466 of 2024(3) dt.26-06-2024 2/2 petitioner. He further submitted that the petitioner is physically handicapped lady with 50% disability and she can't move properly due to disability. The police after investigation submitted charge-sheet under Sections 306/34 of the Indian Penal Code. The other co-accused has already been granted regular bail by this Court vide order dated 09.04.2024 passed in Cr. Misc. No. 27544 of 2024. It is next submitted that the petitioner has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Dumariya P.S. Case No. 10 of 2006, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Arish/- U T