Anu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43860 of 2022 Arising Out of PS. Case No.-269 Year-2021 Thana- DAGARUA District- Purnia ====================================================== Anu Devi Wife of Bechan Mahaldar Resident of Village - Saura, P.S.- Dagaruwa, District - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-11-2022 The case is heard through Video Conferencing. The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Dagarua P.S. Case No. 269 of 2021 registered for the offences punshiable under Sections 147, 148, 149, 341, 323, 307, 302, 504, 506 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution, the informant's son was shot dead by co-accused (Abhay Kumar Thakur) and the informant's husband was shot by the said co-accused. Further, it is alleged

Patna High Court CR. MISC. No.43860 of 2022(2) dt.25-11-2022 2/3 that this petitioner was having an illicit relationship with one Hemant Kumar and upon protest by the informant all the accused persons including this petitioner conspired to commit the said crime.

The main submissions advanced by learned counsel Mr. Rajeev Ranjan for the petitioner are that the petitioner is a woman and against her in the FIR there is no specific allegation and she has clean antecedent. The main allegation of firing is against co-accused Abhay Kumar Thakur who fired at the direction of the co-accused Hemant Kumar but in this regard the petitioner was not alleged to be involved in that firing and she was simply stated to be present alongwith other co-accused persons and moreover an illicit relationship between the informant's neighbour Annu Devi and co-accused Hemant Kumar was being objected by the informant's family and villagers as per the prosecution story and the said objection is stated to be the genesis of the occurrence.

Learned APP Mr. Nagendra Prasad appearing for the State has opposed the bail prayer.

In view of the above submissions and mainly considering the facts that the petitioner is a woman and in the FIR against her there is no specific allegation and the main

Patna High Court CR. MISC. No.43860 of 2022(2) dt.25-11-2022 3/3 allegation of firing is against co-accused Abhay Kumar Thakur and similarly situated co-accused persons namely Bimal Kumar, Hariom Kumar and Saurav Kumar are on bail granted by different co-ordinate Benches of this Court vide orders passed in Cr. Misc. Nos. 70214 of 2021 and 5505 of 2022 respectively and also taking into account the petitioner's custody period, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in Connection with Dagarua P.S. Case No. 269 of 2021.

(Shailendra Singh, J.) Prashant/- U T