Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40788 of 2024 Arising Out of PS. Case No.-140 Year-2023 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== Usha Devi W/O- Dinesh Sahni R/O- Village- Harsher, South Ward - 15, P.S.- Siwaipatti, District- Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Bhavesh Kumar, Advocate For the Opposite Party :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner, named in the F.I.R., and is apprehending her arrest in connection with Siwaipatti P.S. Case No. 140 of 2023 registered for the offences punishable under Sections 341, 323, 324, 379, 354, 307, 302, 504, 506/34 of the Indian Penal Code. She has no criminal antecedent as stated in paragraph '3' of the application.

3. The allegation against petitioner is to commit murder of the husband of the informant alongwith other coaccused persons, where the occurrence is alleged to be arises out of trivial issues as throwing of water.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.40788 of 2024(3) dt.23-08-2024 2/3 petitioner submitted that petitioner is a lady and implicated with present case only for the reason that she is the wife of main co-accused Dinesh Sahani, against whom specific allegation is available as to assault on the head of husband of the informant, however, allegation against petitioner is appearing very much general and omnibus qua physical assault. It is submitted that petitioner is a lady having clean antecedent.

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

6. In view of the aforesaid facts and circumstances of the case as implication appears prima-facie being the wife of main co-accused Dinesh Sahani, coupled with the fact that petitioner is a lady of clean antecedent, accordingly, above-named petitioner, in the event of her arrest/surrender within a period of four weeks from today, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, East Muzaffarpur in connection with Siwaipatti

Patna High Court CR. MISC. No.40788 of 2024(3) dt.23-08-2024 3/3 P.S. Case No. 140 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Chandra Shekhar Jha, J.) Rajeev/- U T