Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37433 of 2023 Arising Out of PS. Case No.-59 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Anita Devi, Wife of Sakindra Paswan Resident Of Village - Jirwara, P.S. - Mahua, Distt. - Vaishali ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aniket Singh, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Mahua P.S. Case No. 59 of 2023 registered for the offence under Sections 341, 323, 324, 326, 307, 302/34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 05.02.2023.

The allegation against the petitioner is to commit murder of son of informant alongwith other co-accused persons

Patna High Court CR. MISC. No.37433 of 2023(2) dt.03-07-2023 2/3 by causing bodily injuries, where assault was alleged to be caused by Hasuli, rod, lathi etc.

Learned counsel appearing on behalf of the petitioner submitted that the implication of petitioner appears only being family member, where thrust of allegation is available against other co-accused persons having dangerous weapons in their hands. It is submitted that allegation is also appearing very much general and omnibus against this petitioner. While concluding the argument, it is submitted that petitioner is a lady of clean antecedent and, moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above and by taking note of nature of allegation as regard to assault which is appearing very much general and omnibus against this petitioner, who is a lady of clean antecedent, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 05.02.2023, accordingly, petitioner above named, is directed to be released on bail in connection with Mahua P.S. Case No. 59/2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.37433 of 2023(2) dt.03-07-2023 3/3 sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Hajipur, Vaishali/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T