Manti Devi @ Malti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54168 of 2021 Arising Out of PS. Case No.-417 Year-2020 Thana- GHORASAHAN District- East Champaran ====================================================== Manti Devi @ Malti Devi Wife of Banarsi Singh R/o Village Laxmipur, Laukhan, P.S.- Ghorasahan, Dist.- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Bindhkeshri Kumar, Sr. Advocate Mr. Umesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anil Kumar Mr. Ajay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-07-2022 Heard Mr. Bindhkeshri Kumar, learned Senior Counsel assisted by Mr. Umesh Kumar Singh for the petitioner and the learned APP for the State.

The petitioner apprehends her arrest in connection with Ghorasahan P.S. Case No.417 of 2020, registered for the offences punishable under Sections 302/34 of the Indian Penal Code. The petitioner along with other co-accused persons are said to have assaulted the father of the informant with leg and fists and killed him.

Learned Senior Counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner and the informant are agnates and there is land dispute between the parties. It is submitted that there is general and omnibus allegation against all

Patna High Court CR. MISC. No.54168 of 2021(3) dt.07-07-2022 2/2 the accused persons. It is also submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. Learned Senior Counsel for the petitioner submits that all other co-accused persons have already been acquitted by the learned court below.

The learned APP for the State opposed the prayer for anticipatory bail of the petitioner and submitted that the father of the informant died during treatment.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected. However, if petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the learned court below shall consider the prayer for regular bail of the petitioner preferably on the same day without being prejudiced by this order taking into consideration the facts that the petitioner is a lady and no specific allegation is made against the petitioner.

(Anjani Kumar Sharan, J.) Sanjay/- U T