Subudhiya Devi @ Subujaya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38174 of 2024 Arising Out of PS. Case No.-52 Year-2024 Thana- PIYAR District- Muzaffarpur ====================================================== Subudhiya Devi @ Subujaya Devi Wife of Raju Mandal, Resident of Village - Bandra, Ward No.- 6, P.S.- Piyar, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in connection with Piar P.S. Case No.52 of 2024 instituted under Sections 341, 323, 307, 504/34 of the I.P.C. Later on Section 302 of the I.P.C. was added.

3. As per the prosecution case, on the alleged date of occurrence i.e. 26.02.2024 the petitioner including other accused persons started abusing the husband of the informant and on protest, co-accused Rakesh Sahni, Raju Manjhi and Sunny Kumar started assaulting the husband of the informant by means of lathi-danda, bricks and stones, on account of which,

Patna High Court CR. MISC. No.38174 of 2024(2) dt.26-06-2024 2/3 he sustained injuries. Thereafter the husband of the informant was taken to the hospital, Muzaffarpur for better treatment and ultimately during course of treatment at P.M.C.H., Patna the husband of the informant died on 29.02.2024.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The specific allegation is against co-accused Rakesh Sahni, Raju Manjhi and Sunny Kumar causing injury to the deceased by means of lathi-danda, bricks and stones. There is general and omnibus allegation against the petitioner that she was a member of the mob. The petitioner is a lady having no criminal antecedent. She undertakes to cooperate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class (East), Muzaffarpur in connection with Piar P.S. Case No.52 of

Patna High Court CR. MISC. No.38174 of 2024(2) dt.26-06-2024 3/3 2024 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Harish/- U T