Anjani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36048 of 2024 Arising Out of PS. Case No.-161 Year-2022 Thana- RUPAULI District- Purnia ====================================================== Anjani Devi Wife of Lalo Paswan Resident of Village - Ajhokoha, P.S.- Rupauli, District - Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Advocate For the State :

Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 17-05-2024 Heard Ld. counsel for the petitioner and Ld. APP for the State.

2. The petitioner seeks regular bail in connection with Rupauli P.S. Case No.161 of 2022 dated 16.06.2022, registered for the offences punishable under Sections 147, 148, 149, 302, 504 and 506 of the Indian Penal Code read with Section 27 of the Arms Act.

3. The prosecution case as emerges from the FIR is that the co-accused Sunil Paswan killed the husband of the Informant by causing gunshot injury. The allegation against the Petitioner is of abusing the Informant and her husband.

4. Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Moreover, the case of the Petitioner stands on the similar

Patna High Court CR. MISC. No.36048 of 2024(2) dt.17-05-2024 2/3 footing to that of the co-accused Rina Devi, who has already been enlarged on bail by this Court vide order dated 30.05.2023 passed in Cr. Misc. No. 27387 of 2023.

5. He further submits that the petitioner has been languishing in jail since 12.01.2024.

6. It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedent.

7. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

8. However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail.

9. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Chief Judicial Magistrate Purnea in connection with Rupauli P.S. Case No.161 of 2022 on the following conditions:

(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that

Patna High Court CR. MISC. No.36048 of 2024(2) dt.17-05-2024 3/3 investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required. (iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. (iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same. (v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) chandan/- U T