Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42521 of 2023 Arising Out of PS. Case No.-463 Year-2021 Thana- ISLAMPUR District- Nalanda ====================================================== Anita Devi Wife of Surendra Chauhan, R/o Village- Rupanchak, P.S.- Islampur, District- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tej Narayan Singh, Adv.

For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-07-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with S.Tr. No.508 of 2022 arising out of Islampur P.S. Case No.463 of 2021 dated 05.09.2021, lodged under Sections 302/34 of the Indian Penal Code.

4. As per prosecution case, the allegation against the petitioner is that she alongwith her husband had killed her grand-mother by Kudal and fled away.

5. Learned counsel for the petitioner submits that the antecedent of petitioner is clean, she is in custody since 26.10.2021, charge has already been filed framed and session trial has commenced. He further submits that as per the

Patna High Court CR. MISC. No.42521 of 2023(2) dt.14-07-2023 2/2 allegation petitioner is the order giver and there is no allegation against the petitioner to assault or act or overt act. He also submits that the allegation is absolutely not correct and there is no involvement of petitioner in the alleged crime. He further submits that there is no chance of tampering of evidence.

6. Learned counsel for the State opposes the prayer for bail.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge 1st, Hilsa, Nalanda in connection with S.Tr. No.508 of 2022 arising out of Islampur P.S. Case No.463 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

8. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) Ritik/- U T