Tetari Devi@Tetri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1892 of 2021 Arising Out of PS. Case No.-184 Year-2020 Thana- MOTIPUR District- Muzaffarpur ====================================================== Tetari Devi @ Tetri Devi Wife Of Late Ishwar Sah Resident Of VillageDariya Chapra, Police Station- Motipur, District- Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Anish Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioner is apprehending her arrest in a case registered under Sections 302/34 of the Indian Penal Code. Allegation is that accused Dinesh Sah, Manoj Sah, Jagdish Sah and Jitendra Sah assaulted the informant's husband by means of iron rod, due to which he sustained grievous injuries. The petitioner and accused Anita Devi assaulted the informant by means of lathi. The husband of the informant was taken to the Hospital and during course of treatment her husband died.

Patna High Court CR. MISC. No.1892 of 2021(2) dt.19-07-2021 2/3 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is a lady. As per the F.I.R., the petitioner is said to have assaulted the informant. There is no allegation of assault alleged against her upon the deceased. The deceased is said to have been assaulted by co-accused, namely, Dinesh Sah, Manoj Sah, Jagdish Sah and Jitendra Sah. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on her personal bond to the satisfaction of learned A.C.J.M. 2nd (West), Muzaffarpur in connection with Motipur P.S. case No.184 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.

Patna High Court CR. MISC. No.1892 of 2021(2) dt.19-07-2021 3/3 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T