Anjali Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52057 of 2021 Arising Out of PS. Case No.-537 Year-2019 Thana- BARH District- Patna ====================================================== ANJALI DEVI W/o- SANJAY PASWAN Resident of Village- Bichali Malahi Behindd of K.D.S. Dharamkanta, P.S.- Barh, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 366(A), 372, 379, 34 of the Indian Penal Code.

The allegation against the petitioner is that she helped the victim and one Rakesh Kumar to flee away from their house after taking valuable ornaments.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.52057 of 2021(3) dt.22-06-2022 2/3 petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The specific allegation is against the coaccused Rakesh Kumar. It is submitted that the statement of the victim was recorded u/s 164 Cr.P.C., in which, she stated that she married with the co-accused Rakesh Kumar and living as husband and wife and the victim is pregnant of five months. The age of the victim was recorded as 19 years in her statement. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner and the age of the victim is 19 years, let the above named petitioner, be released on bail, in the event of her 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

Patna High Court CR. MISC. No.52057 of 2021(3) dt.22-06-2022 3/3 Barh P.S. Case No.537 of 2019 (S.Tr. No.223 of 2020), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T