Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54834 of 2021 Arising Out of PS. Case No.-219 Year-2020 Thana- JHAJHA District- Jamui ====================================================== USHA DEVI W/O YOGENDRA DAS Resident of Village - Dhobiyakura, P.s.- Jhajha, Distt.- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Advocate.

For the Opposite Party/s :

Mr. Amit Kumar Rakesh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-06-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioner apprehends her arrest in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 307, 302/504, 506 of the Indian Penal Code. The allegation against the petitioner is that she along with other accused persons has indiscriminately assaulted the informant and one Rajendra Das by means of various

Patna High Court CR. MISC. No.54834 of 2021(2) dt.28-06-2022 2/3 weapons.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case due to dispute between agnates. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Altogether 25 persons are named in the F.I.R. and petitioner is a lady. It is submitted that for the alleged occurrence, there is a case and counter-case between the parties. Similarly situated co-accused namely, Beby Kumari has been granted anticipatory bail by a co-ordinate bench of this court vide order dated 18.05.2022 passed in Cr. Misc. No. 60210 of 2021. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since the similarly situated co-accused has been granted bail, let the above named petitioner be released on bail, in the event of her arrest or surrender before the learned court below within a period of six weeks from today, on furnishing

Patna High Court CR. MISC. No.54834 of 2021(2) dt.28-06-2022 3/3 bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Jhajha P.S. Case No. 219 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/-shikha U T