Umapati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54300 of 2018 Arising Out of PS. Case No.-118 Year-2018 Thana- DURAULI District- Siwan ====================================================== Umapati Devi, D/o Anil Ram, Resident of Village- Kanhaoli, P.S.- Darauli, District- Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Javed Aslam For the Opposite Party/s :

Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking anticipatory bail in connection with Darauli P. S. Case No. 118 of 2018 registered for the offences punishable under Sections 341, 323, 307, 302/34 of the Indian Penal Code. It appears from the perusal of the impugned order passed by learned 5th Additional Sessions Judge, Siwan that there are allegations against the petitioner that he is involved in the murder of one Binod Ram.

Learned APP for the State on perusal of the case diary submitted that there are enough materials on the record to suggest the involvement of this petitioner in the alleged occurrence.

Patna High Court Cr.Misc. No.54300 of 2018(4) dt.08-10-2018 2/3 Learned counsel for the petitioner submits that on perusal of the post mortem report which is available on the record it would appear that there is no injury on the back of the neck.

Learned counsel submits that as per the first information report, there is an allegation that this petitioner had a Garansi in her hand and she had been assaulting on the back of the brother of the informant which had caused injuries. It is submitted that co-accused Anil Ram, Umesh Ram, and Fuleshwar Ram have been granted privilege of anticipatory bail. It is further submitted that the co-accused Srijawati Devi @ Inawati Devi has been granted regular bail by a learned coordinate Bench of this Court in Cr. Misc. No. 48267 of 2018. In the given facts and circumstances where this Court finds that some materials are available on the record to suggest participation of the petitioner in the alleged occurrence, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

In case the petitioner surrenders in the court below within a period of four weeks from today and prays for regular bail, under the facts and circumstances of the present case wherein the other co-accused have been granted privilege of

Patna High Court Cr.Misc. No.54300 of 2018(4) dt.08-10-2018 3/3 anticipatory bail as well as regular bail by a co-ordinate Bench of this Court, considering that the petitioner is a woman her application shall be considered and disposed off on the same day taking into consideration the materials available on the record as well as the fact that the aforesaid co-accused have been granted privilege of anticipatory bail and regular bail. This application stands dismissed.

(Rajeev Ranjan Prasad, J) avin/- U T