Meera Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47472 of 2023 Arising Out of PS. Case No.-972 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== 1.

MEERA DEVI WIFE OF RAM CHANDRA SAH @ RAMCHANDR SAH RESIDENT OF VILLAGE- BHIRKHI WARD NO 22 PS MADHEPURA, DIST- MADHEPURA 2.

KABITA DEVI @ KAVITA DEVI WIFE OF RAVISHANKAR SAH RESIDENT OF VILLAGE- BHIRKHI WARD NO 22 PS MADHEPURA, DIST- MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha, Advocate For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-08-2023 At the outset, learned counsel for the petitioners submit that during the pendency of the application, the petitioner no. 2, Kabita Devi has been arrested. As such, the application against her has become infructuous. Accordingly, the application against the petitioner no. 2, Kabita Devi stands dismissed as infructuous. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner no. 1 apprehend her arrest in connection with Madhepura P.S. Case No. 972 of 2022 for the offence registered under Sections 341, 323, 324, 307, 448, 379, 504 and 506/34 of the Indian Penal Code lodged on 11.10.2022

Patna High Court CR. MISC. No.47472 of 2023(2) dt.11-08-2023 2/3 by the informant,Shanti Devi.

As per the prosecution story, allegation is that the neighbours forcibly entered into her house and one Roshan gave knife blow to Chandan in the abdomen and chest. So far as allegation against the petitioner no. 1, Meera Devi is concerned, according to FIR, she has snatched the ornaments and house hold articles. Accordingly, the FIR.

Learned counsel for the petitioner submits that the main allegation is against Roshan of having given knife blow to Chandan.

Learned counsel for the Informant submits that she has also looted the house-hold articles.

Considering the fact that the petitioner no. 1 is a lady and no allegation of assault is against her, this Court is inclined to extend her the privilege of anticipatory bail. Let the petitioner, in the event of his arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with in connection with Madhepura P.S. Case No. 972 of 2022, subject to condition as

Patna High Court CR. MISC. No.47472 of 2023(2) dt.11-08-2023 3/3 laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/- U T