Ful Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31380 of 2022 Arising Out of PS. Case No.-347 Year-2019 Thana- JHAJHA District- Jamui ====================================================== FUL KUMARI DEVI Wife of Karu Yadav Resident of Village-Dhamna, P.S.- Jhajha, District-Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 447, 448, 147, 436 and 427 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a woman and has antecedent of one case and the informant alleges that his house was put on fire and when he woke up, he saw accused persons, including the petitioner, fleeing.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that from perusal of the allegations as alleged in the F.I.R, it would manifest that the informant at the time of

Patna High Court CR. MISC. No.31380 of 2022(2) dt.22-11-2022 2/2 occurrence was sleeping and has alleged that when he woke up, he saw the accused persons, including the petitioner, fleeing, thus it can be safely construed that he is not an eyewitness to the occurrence and based on suspicion has allege that petitioner was also involved in the occurrence.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Jhajha P.S. Case No. 347 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T