Patna High CourtCR. MISC./26999/2024bail granted

Shanti Devi v. The State Of Bihar

2024-05-01Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26999 of 2024 Arising Out of PS. Case No.-5 Year-2024 Thana- HAYAGHAT District- Darbhanga ====================================================== Shanti Devi Wife of Shiv Kumar Mahto Resident of Village- Neyam, Police Station- Hayaghat, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishor Prasad For the Opposite Party/s :

Mr.Navin Kumar Pandey For the Informant :

Mr. Nilendu Kumar Chaudhary Mr. Rahul Kumar Dubey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks anticipatory bail in connection with Hayaghat P.S. Case No. 5 of 2024 registered for the offence Sections 302/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is said to have participated in the killing of the deceased.

4. It has been submitted by the learned counsel for the petitioner that the petitioner is a lady and she is innocent and the main allegation is against one Shiv Kumar Mahto of killing the deceased by pressing his neck.

Patna High Court CR. MISC. No.26999 of 2024(2) dt.01-05-2024 2/2

5. Learned APP for the State and learned counsel for the informant have opposed the prayer for bail and have submitted that the petitioner has participated in the killing of the deceased and she does not deserve anticipatory bail.

6. Considering the fact that the petitioner is a lady and she is not the main accused, this application is allowed.

7. Let the petitioner, above named, in the event of her arrest or surrender before the Court below within six weeks from today is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VIII, Darbhanga in connection with Hayaghat P.S. Case No. 5 of 2024 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sandeep Kumar, J) Vikas/- U T