Kavita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30877 of 2023 Arising Out of PS. Case No.-325 Year-2022 Thana- SHAHKUND District- Bhagalpur ====================================================== KAVITA DEVI Wife of Fultush Thakur Resident of village - Ravichak, P.S. - Shahkund, Distt. - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjan Kumar Jha For the Opposite Party/s :
Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 341, 323, 325 & 307/34 of the Indian Penal Code but later on Section 302 of the IPC was added.
3. While the informant was constructing his house under Indira Awas Yojna, all the accused persons including this petitioner is said to have assaulted the informant and his family members due to which one of the victims died during course of treatment.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. She has been falsely implicated in this case due to land dispute. The
Patna High Court CR. MISC. No.30877 of 2023(2) dt.14-07-2023 2/2 allegation levelled against the petitioner is not specific rather general and omnibus in nature. The specific allegation is against the Badal, Fultush Thakuar and Roushan Kumar. There is admitted land dispute between the parties. Both the parties are close agnates. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Having regard to the facts and circumstances of the case as well as the fact that the allegation is general and omnibus in nature 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 Shahkund (Sajour) P.S. Case No. 325 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T