Krishnawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38065 of 2021 Arising Out of PS. Case No.-70 Year-2021 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== KRISHNAWATI DEVI W/O PRAKASH BIND R/o village- Orgai, P.S.- Bhagwanpur, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2022 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects as pointed out by the office within a period of four weeks. In the eventuality of non-removal of defects within the stipulated time, office will place the matter before the Bench. The petitioner apprehends her arrest in a case in connection with Bhagwanpur P.S. Case No.70 of 2021, registered for the offence punishable under Sections 147/148/149/447/448/323/307 of the IPC and 27 of Arms Act.

The allegation against the petitioner is that she along with other accused persons came at the 'baithka' of the informant and Mintu Bind opened firing by means of katta upon the informant's son. Thereafter, they fled from the spot.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has

Patna High Court CR. MISC. No.38065 of 2021(2) dt.28-02-2022 2/2 been falsely implicated in this case due to village politics. No such occurrence in the manner as alleged has even taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The specific allegation of firing upon the informant's son is levelled against one Mantu Bind. There is an admitted land dispute between the parties. Petitioner has no criminal antecedent, as also mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering that no specific allegation is levelled against the petitioner and there is land dispute between the parties, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) 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 Bhagwanpur P.S. Case No.70 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T