Sarswati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.359 of 2021 Arising Out of PS. Case No.-93 Year-2020 Thana- KASIMBAZAR District- Munger ====================================================== SARSWATI DEVI Wife of Mukhiya Mandal Resident of Chhoti Mirzapur, Near Electric Office, P.S.- Kasim Bazar, District- Munger ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Kamal Kishore Jha For the Opposite Party/s :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioner is apprehending her arrest in a case registered under Sections 147, 148, 149, 323, 307 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in short, is that the accused persons, variously armed, assaulted the nephew of the informant due to which he sustained injury. The informant came in rescue was also assaulted by the accused persons.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.359 of 2021(2) dt.15-07-2021 2/2 petitioner. The petitioner has falsely been implicated in the present case. The petitioner is a lady. The allegation of assault is against the co-accused namely Gaurav Yadav. There is no allegation of assault against the petitioner. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances and also the lockdown, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on her personal bond to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Kasim Bazar P.S. Case No. 93/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T