Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40752 of 2023 Arising Out of PS. Case No.-81 Year-2023 Thana- BIBHUTIPUR District- Samastipur ====================================================== Sunita Devi W/O Shankar Sharma R/O Village- Ward No.3 Patwara, PS. Bibhutipur, Dist. Samastipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in connection with Bibhutipur P.S. Case No. 81 of 2023 registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code read with Section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that the petitioner is a woman having clean antecedent and the informant alleges that his brother was shot dead while he was sleeping in his auto and on hearing sound of firing, he woke up and saw the accused persons, including the petitioner, standing near his gate.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that the date of occurrence is 04.03.2023 and the

Patna High Court CR. MISC. No.40752 of 2023(2) dt.03-08-2023 2/2 FIR has been instituted on 06.03.2023, it is further submitted that the petitioner and the informant are related and are cosharers and are having dispute as such the petitioner came to be implicated when from tenor of the allegation as alleged in the FIR it would manifest that the informant is not an eyewitness to the occurrence.

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

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten 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 Bibhutipur P.S. Case No. 81 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T