Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32344 of 2022 Arising Out of PS. Case No.-127 Year-2021 Thana- RAJEPUR District- East Champaran ====================================================== Shanti Devi W/O Mohanlal Prasad Resident Of Village- Kashi Pakri, P.S.- Rajepur, District- East Chmparan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending her arrest in a case registered for the offence punishable under Sections 302, 120(B)/34 of the Indian Penal Code.

As per allegation, the accused persons named in the FIR including the petitioner surrounded the informant and his father and they forcibly took away his father to village Kashi Pakri. The informant became successful in fleeing away. The accused persons badly assaulted the informant's father, who died during course of treatment.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that petitioner was neither present on the place of occurrence nor arrested from

Patna High Court CR. MISC. No.32344 of 2022(3) dt.14-11-2022 2/2 there and only on the basis of suspicion, she has been made accused in this case. He submits that similarly situated coaccused has already been granted bail by a Bench of this Court vide order dated 09.09.2022 passed in Cr. Misc. No. 9907 of 2022. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that the similarly situated co-accused has already been granted bail, let the above named petitioner in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Rajepur P.S. Case No. 127 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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