Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39469 of 2023 Arising Out of PS. Case No.-262 Year-2021 Thana- GHORASAHAN District- East Champaran ====================================================== Shanti Devi Wife Of Rajdeo Mahto Resident Of Village - Nagdaha Purnahiya, P.S. - Ghorasahan, Distt .- East Chamaparan At Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar For the Opposite Party/s :

Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 354, 379, 427, 504, 34 of the Indian Penal Code.

3. As per the prosecution case, allegation against the petitioner is that she along with co-accused, Rajesh Ram, gave iron rod blow on the head of the informant's father causing injury to him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.39469 of 2023(2) dt.08-08-2023 2/2 there is case and counter case between the parties and both sides have sustained injuries. He further submits that the dimension of the injury was mentioned in the impugned order but the nature of the injury was not mentioned. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that there is case and counter case between the parties and the petitioner is a female, 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 Ghorasahan P.S. Case No. 262 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T