Mamta Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 44772 of 2024 Arising Out of PS. Case No.-212 Year-2023 Thana- MAHESHKHUNT District- Khagaria ====================================================== Mamta Devi Wife of Gopal Singh R/O Vill.- Patla, Ward No. 16, P.S.- Mahesh Khunt, Dist.- Khagaria ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vivekanand Singh For the Opposite Party/s :
Mr. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-08-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 302, 286, 504/34 of the Indian Penal Code & Section 27 of the Arms Act..
3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases and is a woman and the informant alleges that the accused persons including the petitioner came variously armed and on the order of Gopal Singh and his wife Mamta (petitioner) gave order to kill, on which, Gopal, Pritam, Sahil, Amarjeet, Bittu, Aman, Paramjeet and Rajeev started firing indiscriminately, further, shot fired by Gopal hit his father on chest, while firing made by other accused hit his father on his body and his father died. Learned counsel
Patna High Court CR. MISC. No. 44772 of 2024(2) dt.19-08-2024 2/3 further submits that petitioner has been falsely implicated in the instant case being the wife of Gopal Singh. It is also submitted that the informant and the petitioner are agnates and having dispute relating to land. It is next submitted that petitioner being woman has been implicated with an allegation that on the order of Gopal and petitioner, the occurrence was committed. It is also submitted that specific allegation of firing is alleged against eight accused persons but there is no specific allegation against the petitioner of firing. It is also submitted that Pritam along with five others had moved this court by filing Cr. Misc. No.44757/2024 and the said anticipatory bail application was allowed partly in favour of Ajay, Ranvijay Singh and Ravi Shankar. The case of the petitioner if not akin is on similar footing.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner, 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 to the satisfaction of
Patna High Court CR. MISC. No. 44772 of 2024(2) dt.19-08-2024 3/3 learned trial court where the case is pending/successor court in connection with Mahesh Khunt P.S. Case No.212/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T