Hema Devi @ Pakkho Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36537 of 2022 Arising Out of PS. Case No.-200 Year-2018 Thana- BARARI District- Katihar ====================================================== HEMA DEVI @ PAKKHO DEVI WIFE OF DOMI @ DINESH YADAV R/O VILLAGE- BAKKIKOL, P.S.- BARARI, DISTT.- KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajendra Prasad Sah, Adv.

For the Opposite Party/s :

Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-09-2022 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

Petitioner apprehends her arrest in a case registered for the offence u/s 341, 323, 354, 302, 504, 120B/34 IPC. The allegation against the petitioner is that she along with other accused persons have assaulted the informant's side and a firing has also been made.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The specific allegation of firing upon the deceased is against the co-accused Ajay Yadav @ Ghutra,

Patna High Court CR. MISC. No.36537 of 2022(2) dt.28-09-2022 2/2 Sampu @ Sanjay Yadav and Domi @ Dinesh Yadav. The entire family member has been made accused in this case. It is submitted that the Doctor has found single wound of entry and corresponding wound of exit on the person of deceased. Petitioner has no criminal antecedent and similarly situated coaccused namely Ajay Yadav @ Ghutra has been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 16.12.2021, passed in Cr. Misc. No.5453 of 2021. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Barari P.S. Case No.200 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.