Aruna Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44518 of 2022 Arising Out of PS. Case No.-110 Year-2021 Thana- KUMAR KHAND District- Madhepura ====================================================== ARUNA DEVI W/o Late Badri Mukhiya Resident of Village - Guriya , Ward no.11, P.s.- Kumarkhand, Distt.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Barun Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-11-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offence under Sections 447, 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code. The petitioner is stated to have ordered to his companions to assault the informant and kill him resultantly the companions of the petitioner gave sword blow on the head of the informant and his son was subjected to assault by way of iron rod causing injury by the accused persons.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that the parties happen to be agnates and there is case and counter

Patna High Court CR. MISC. No.44518 of 2022(2) dt.16-11-2022 2/3 case between them. Further, it is submitted that there is general and omnibus allegation against the petitioner and no specific allegation of assault or any overt act is attributed to her rather she is said to have acted like an order giver in the alleged occurrence. Hence, the petitioner, who is a lady, may be granted the privilege of anticipatory bail.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner in the event of arrest of surrender before the court below within a period of four weeks from the date of order 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 learned Court below where the case is pending in connection with Kumarkhand P.S. Case No. 110 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C. as also with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.44518 of 2022(2) dt.16-11-2022 3/3 for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T