Sita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39715 of 2022 Arising Out of PS. Case No.-158 Year-2022 Thana- DHAKA District- East Champaran ====================================================== SITA DEVI W/o Lal Bahadur Shah Resident of Village - Gadhaiya, P.s.- Dhaka (Pachapakadi OP), Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Dr. Indiwar Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 341, 323, 353, 332 and 504/34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman. The informant alleges that during Holi festival villagers were dancing and singing near mosque. Further, the police force wanted the villagers to proceed from the place peacefully on which Lal Bahadur Sah started abusing and his wife (petitioner) pelted stones causing injury to the informant. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.39715 of 2022(2) dt.07-12-2022 2/2 petitioner has been falsely implicated in the present case. It is further submitted that it absolutely does not stand to reason that how the informant identified the petitioner, rather the wife of the petitioner came to be implicated at the behest of the local Chawkidar with whom her husband is on an inimical term. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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.5,000/- (Rupees 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 Dhaka (Pachapakadi) P.S. Case No. 158 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T