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Patna High CourtCR. MISC./35220/2023allowed

Rambha Devi v. The State Of Bihar

2023-07-27Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35220 of 2023 Arising Out of PS. Case No.-219 Year-2022 Thana- GAMAHARIYA District- Madhepura ====================================================== Rambha Devi Wife Of Vijay Sah Resident Of Village- Gamhariya, PsGamhariya, Ward No. 07, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending her arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 354, 307, 504, 506 of the Indian Penal Code and subsequently Section 302 of the IPC has been added.

3. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific allegation of assault against the petitioner rather allegation levelled against her is general and omnibus. He submits that occurrence took place on 14.10.2022 but the FIR has been lodged on 16.10.2022 after delay of 2 days without explaining any reasonable cause of delay. He submits that the informant (deceased) is an old lady and she was suffering from many diseases of old age and her

Patna High Court CR. MISC. No.35220 of 2023(2) dt.27-07-2023 2/2 treatment was going on and due to old age disease, she died. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

4. Learned APP for the State opposes the prayer for bail.

5. Considering the facts and circumstances of the case, 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 Gamhariya P.S. Case No. 219 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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