Sundar Devi @ Sunadr Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24797 of 2020 Arising Out of PS. Case No.-226 Year-2019 Thana- PIPRAHI District- Sheohar ====================================================== Sundar Devi @ Sunadr Devi W/o Late Nandu Pandey R/o Village- Parsauni, Baij Ward No. -1, P.S.- Piprahi, District- Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Adv.

Mr. Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr. Anand Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-12-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Piprahi P.S. Case No.226 of 2019, registered under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act.

As per allegation in the F.I.R., it is stated by the informant that he has two other brothers. The mother resides with the youngest brother Triloki Pandey who is unmarried. It is stated that his youngest brother as also his mother want to take away total pension of their father. It is stated that on the date and

Patna High Court CR. MISC. No.24797 of 2020(3) dt.23-12-2020 2/3 time of occurrence the youngest brother shot his father as a result of which he died. This was seen by the informant's wife. He further states that his mother also has a hand in the occurrence as she did not want that the pension of their father be distributed amongst the other brothers.

It is submitted by learned counsel for the petitioner that the petitioner happens to be the old widow of the deceased. Even as per the F.I.R. the allegation is on co-accused Triloki Pandey and not the petitioner herein. She has no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the fact that even as per F.I.R. the sole assailant of the deceased is Triloki Pandey, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Piprahi P.S. Case No.226 of 2019, he will be enlarged on bail on furnishing bail bond of Rs 10,000.- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate- 1st

Patna High Court CR. MISC. No.24797 of 2020(3) dt.23-12-2020 3/3 Class, Sheohar, subject to the conditions as laid down in section 438(2) of Criminal Procedure Code.

(Partha Sarthy, J) Bibhash/- U T