Shashikala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46292 of 2023 Arising Out of PS. Case No.-24 Year-2021 Thana- SABAUR District- Bhagalpur ====================================================== SHASHIKALA DEVI Wife of Janardan Goswami Resident of village - Badi Makandpur, P.S. - Gopalpur, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabindra Kumar Priyadarshi For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-08-2023

1. Heard the parties.

2. The petitioner apprehends her arrest in connection with Sabaur PS Case No. 24 / 2021 dated: 15-01-2021 registered under Sections 341, 323, 307, 364 / 34 of the Indian Penal Code.

3. As per the First Information Report, the informant was kidnapped by the petitioner and other accused persons, assaulted by them and was forced to sign on stamp paper having value of Rs. 1000/-. It has further been alleged that accused persons with intention to kill the informant poured kerosene oil upon him.

4. Learned counsel for the petitioner submits that petitioner along with her family members, altogether seven in number, have been made accused in the present case due to

Patna High Court CR. MISC. No.46292 of 2023(2) dt.04-08-2023 2/3 land dispute between the parties. He further submits that land dispute is going on between the parties and a proceeding under Section 144 Cr.P.C. is going on between them. He next submits that the co-accused persons have been granted bail by a Coordinate Bench in Cr. Misc. No. 49707 / 2022. The Police after investigation submitted final form not sending the petitioner for trial however the learned Magistrate differed with the final form and took cognizance against the petitioner and others upon protest.

5. Regard being had to the submission made by the parties, taking into consideration the material available on record, the fact that Police after investigation submitted final form exonerating the petitioner and other co-accused persons have been granted anticipatory bail by a Co-ordinate Bench of this Court, as such, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- ( rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with

Patna High Court CR. MISC. No.46292 of 2023(2) dt.04-08-2023 3/3 Sabaur PS Case No. 24 / 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U T