Gyanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32509 of 2024 Arising Out of PS. Case No.-371 Year-2023 Thana- KAKO District- Jehanabad ====================================================== Gyanti Devi, Wife Of Lalbabu Yadav, Resident Of Village- Paigambarpur, P.O.- Kako, P.S.- Kako, Bhelawar (O.P.), District- Jehanabad ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Binod Kumar Mr.Raj Kumar Mr.Mirityunjay Kumar Mr.Brajesh Sahay ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-05-2024

1. Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and has been falsely implicated in the instant case by the informant with an allegation that his father on 12.11.2023 in the morning had gone for a walk when the accused persons including the petitioner came variously armed and started abusing his father and when his father raised alarm, the mother

Patna High Court CR. MISC. No.32509 of 2024(2) dt.01-05-2024 2/3 of the informant and his brother came to rescue him and they saw the accused persons assaulting his father. It is further alleged that on account of assault, his father became unconscious and Vikash Kumar assaulted his father on chest by spade causing injury, further his father died on way to hospital.

4. The learned counsel for the petitioner submits that petitioner, being mother of Vikash Kumar, has been implicated in the instant with general and omnibus allegation of assault. It is further submitted that Vikash Kumar along with his father are in judicial custody. It is also submitted that there is no specific allegation of assault against the petitioner rather specific allegation of assault is against Vikash Kumar.

5. Learned A.P.P. along with learned counsel appearing on behalf of the informant opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on her furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Sessions Judge,

Patna High Court CR. MISC. No.32509 of 2024(2) dt.01-05-2024 3/3 Jehanabad in connection with Kako (Bhelawar O.P.) P. S. Case No.371 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T