Mst. Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41355 of 2022 Arising Out of PS. Case No.-390 Year-2021 Thana- SIKARPUR District- West Champaran ====================================================== MST. ASHA DEVI WIFE OF LATE MAHESH SAH R/O PRAKASH NAGAR, WARD NO.-12, NARKATIAGANJ, P.S.- SHIKARPUR, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

DHUSHBOO DEVI WIFE OF SRI AKAH RAJ AND D/O SRI BAIDYANATH PRASAD R/O VILLAGE- MANGALPUR, WARD NO.-- 09, P.S.- BAGAHA (PATKHAULI), DISTRICT- WEST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 498A, 323, 341, 328 and 308 of the Indian Penal Code. The informant alleges that she was married with Akash in the year 2014 and out of the wedlock, a daughter was born, thereafter the accused persons, including the petitioner, started committing cruelty and torture with her and started demanding Rs. 10 lakhs, a motorcycle along with other articles as detailed in the F.I.R., it is next alleged that on 31.03.2021, the accused persons with an intention to kill, administered her

Patna High Court CR. MISC. No.41355 of 2022(2) dt.10-08-2022 2/2 poison but on raising alarm, neighbors came and saved her life. Learned counsel for the petitioner submits that the petitioner is the widow mother-in-law of the informant having clean antecedent and has been falsely implicated in the present case, it is next submitted that even the allegations against the petitioner in the F.I.R. are vague, general and omnibus in nature and she is living separately from her son, further the husband of the informant is also availing his remedies available in law. 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 Shikarpur Case No. 390 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T