Kari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54831 of 2021 Arising Out of PS. Case No.-158 Year-2021 Thana- NATHNAGAR District- Bhagalpur ====================================================== KARI DEVI Wife of Ganesh Mandal Resident of Village - Manikpur, P.S. - Babarganj, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-07-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code.

As per the prosecution case, it is alleged that on 07.03.2021 at about 11:00 A.M. the son of the informant went outside of the house with one Pankaj Mandal on a motorcycle. While they were returning to their house near the orchard of one Raju Mandal someone killed his son. It is further alleged that on the said information, he reached to the place of occurrence and found the dead body of his son. He asserted that there was a land dispute with Deep Narayan Mandal and his son Ganesh Mandal, who wanted to forcibly acquire the land of the informant and due to which all the F.I.R. named accused persons

Patna High Court CR. MISC. No.54831 of 2021(3) dt.18-07-2022 2/2 including this petitioner killed his son.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. Informant is not an eye witness of the occurrence and only on suspicion petitioner has been made accused in this case. During the course of investigation none of the witnesses has claimed that they have seen the petitioner at the place of occurrence or committing the offence. Petitioner is lady and has got clean antecedent.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st class,Bhagalpur in connection with Nathnagar (Madhusudanpur) PS case No. 158/2018, subject to conditions laid down u/s 438(2) of the Cr. P. C.

BKS/- (Prabhat Kumar Singh, J) U T