Laxmi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 42874 of 2023 Arising Out of PS. Case No.-3 Year-2023 Thana- KADIRGANJ District- Patna ====================================================== LAXMI DEVI Wife of Dharmendra Raout Resident of village - Harla, P.s. - Kadirganj, Distt. - Patna ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amrendra Kumar Sinha No.1, Advocate For the Opposite Party/s :
Mr. Nagendra Prasad, APP For the Informant :
Mr. Digvijay Narayan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-08-2023
1. Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel for the informant.
2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman.
4. The informant alleges that on 05.01.2023 on account of abusing, an altercation took place in which it is alleged that Narendra Rout caught the deceased and when the informant came to rescue him, when Dharmendra, petitioner, Suraj and Narendra assaulted the deceased with lathi and stone
Patna High Court CR. MISC. No. 42874 of 2023(2) dt.11-08-2023 2/3 leading to his death.
5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case being wife of Dharmendra, it is next submitted that no specific allegation of assault is alleged against the petitioner though it is alleged that she along with Dharmendra, Suraj and Narendra assaulted the deceased with lathi and stone. It is next submitted that the allegation of assault is general and omnibus in nature. It is also submitted that petitioner and the informant are neighbours and dispute is existing between them.
6. Learned A.P.P. for the State along with learned counsel for the informant opposes the prayer for anticipatory bail of the petitioner but are not able to rebut the submissions of the learned counsel for the petitioner that there is no specific allegation of committing any overt act against the petitioner and she has been implicated being wife of Dharmendra.
7. Considering the submissions made by the learned counsel for the petitioner and the fact that petitioner is a woman, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two
Patna High Court CR. MISC. No. 42874 of 2023(2) dt.11-08-2023 3/3 sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kadirganj P.S. Case No. 03 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T