Patna High CourtCR. MISC./35761/2022bail granted

Anshu Devi v. The State Of Bihar

2023-04-24Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35761 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- HARINMAR District- Munger ====================================================== Anshu Devi Wife Of Subodh Kumar Resident Of Village- Jhauwa Bahiyar, P.S.- Harinmar, District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anurag Saurav, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-04-2023 Heard Mr. Anurag Saurav, learned counsel appearing on behalf of the petitioner and Mr. Zainul Abedin, learned APP appearing on behalf of State.

2. The petitioner apprehends his arrest in connection with Harinmar P.S. Case No. 07 of 2022 registered under Section 302/34 of the Indian Penal Code.

3. Learned counsel appearing on behalf of the petitioner submitted that the petitioner has clean antecedent and she has falsely been implicated in the present case.

4. Having consider the rival submission of the parties, allegation made in the F.I.R. and from perusal of Paragraph No. 7 of the Case Diary in which it has been stated that petitioner lives in a separate dwelling house and the place of occurrence is away from the house of the petitioner. No material have been found like cooking oil, kerosene oil etc. at the place of

Patna High Court CR. MISC. No.35761 of 2022(6) dt.24-04-2023 2/2 occurrence to relate the alleged offence.

5. The petitioner is sister-in-law of the victim and she is living separately, appears to have made out a prima facie case to be released on anticipatory bail.

6. Court below is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate-1st Class, Munger in connection with Harinmar P.S. Case No. 07 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) minu/- U