Mahadevi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29671 of 2022 Arising Out of PS. Case No.-204 Year-2019 Thana- PATNA CITY CHOWK District- Patna ====================================================== MAHADEVI W/o Sri Mnna Rai Resident of Village - Kanganghat, P.s.- Chowk, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Manglam For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-09-2022 Heard the parties.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends her arrest in a case registered for the offence punishable under section 147, 148, 149, 323, 307 and 504 of IPC.

Allegedly, the petitioner alongwith other accused persons abused and assaulted the informant and his son due to which they sustained injuries.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled

Patna High Court CR. MISC. No.29671 of 2022(2) dt.08-09-2022 2/2 against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. He further submits that the injury report shows that the doctor has found the injury of the injured as grievous in nature against other co-accused persons, so no offence under section 307 of the IPC is not made out against the petitioner. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, 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 Chowk P.S. Case No.204 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T