Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39309 of 2020 Arising Out of PS. Case No.-138 Year-2020 Thana- SINGHESHWAR District- Madhepura ====================================================== Anita Devi, aged about 43 years (F), wife of Ramchandra Yadav, D/O Ramchandra Yadav, Resident of Village- Budhave, Ward No 14, P.S.- Singheshwar, District- Madhepura.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Pawan Kumar, Advocate For the Opposite Party :

Mrs. Renuka Ratnakar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-11-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of eight weeks.

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

The petitioner is apprehending her arrest in connection with Singheshwar P.S. Case No. 138/2020 for the offence registered under Sections 341, 323, 307, 379, 504 and 506/34 of the I.P.C.

The prosecution story, in brief, is that on 27.05.2020 at 10.00 P.M. in the night when the informant came to his house then he found his wife Anita Devi (petitioner) alongwith F.I.R. named accused Sunil Thakur in nude condition in his room and

Patna High Court CR. MISC. No.39309 of 2020(2) dt.16-11-2021 2/3 one unknown person was standing outside the room and on seeing the informant, both of them got up by taking their clothes and thereafter on the order of the petitioner, co-accused Sunil Thakur gave knife blow on his person and other unknown accused assaulted the informant by means of Iron rod resulting which his head and face got seriously fractured and meanwhile cash of Rs. 27,500/-, clothes and ornaments was taken out by the petitioner and on noise when neighbours came there all accused persons fled away but due to assembling of neighbours co-accused Sunil Thakur could not be able to take away his Motorcycle from there.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The matter relates to family dispute which led to institution of the present case. The allegation of assault is not alleged against the petitioner. The petitioner is a lady. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or

Patna High Court CR. MISC. No.39309 of 2020(2) dt.16-11-2021 3/3 surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Madhepura, in connection with Singheshwar P.S. Case No. 138/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T