Nirmala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31929 of 2022 Arising Out of PS. Case No.-227 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== NIRMALA DEVI Wife of Sita Ram Prasad Resident of Village - Jamal Phulkahan, P.S. - Kanti (Panapur O.P.), District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Bhushan, Advocate For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-06-2022 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 147, 341, 323, 324, 506, 379, 308 and 307/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is a lady, aged about 70 years and is a person with clean antecedent.

The informant alleges that Mahesh Prasad assaulted the informant on his head by an iron rod but he managed to save himself and while saving his hand got fractured and Sita Ram Prasad assaulted the brother of the informant by an iron rod on his eyes which led to lost of eyesight and thereafter it is alleged that the accused persons also assaulted the nephew of the informant and this petitioner snatched gold chain from the

Patna High Court CR. MISC. No.31929 of 2022(2) dt.30-06-2022 2/3 possession of the informant. The reason behind the occurrence is of land dispute.

Learned counsel for the petitioner further submits that from bare perusal of the allegation as alleged in the FIR, it would manifest that no specific allegation of assault is attributed to the petitioner. It is next submitted that a lady who is aged about 70 years of age and is a person with clean antecedent all of a sudden becomes a criminal merely because she is roped with an allegation of snatching gold chain of the informant. It is next submitted that the allegation is ornamental only to falsely implicate the petitioner in the present case. 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 and the fact that petitioner is a senior citizen and is a person with clean antecedent, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.1,000/- (Rupees One 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 Kanti

Patna High Court CR. MISC. No.31929 of 2022(2) dt.30-06-2022 3/3 (Panapur O.P.) P.S. Case No. 227 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T