Sadhana Devi @ Sadhna Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47723 of 2022 Arising Out of PS. Case No.-200 Year-2022 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== SADHANA DEVI @ SADHNA DEVI W/o Late Manoj Thakur Resident of Village - Bhuidhara, P.s.- Mufassil, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-01-2023 Heard Ms. Vaishnavi Singh, learned counsel for the petitioner and Mr. Bharat Bhushan, learned APP who represents the State.

The petitioner is apprehending arrest in connection with Samastipur (Mufassil) P.S. Case No. 200 of 2022 under sections 341, 323, 324, 325, 326, 307 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act, As per the prosecution story, the accused persons armed variously attacked the informant and also resorted to indiscriminate firing. He ran towards his house and later fell down in pool of blood. He was taken to hospital for treatment and later referred to Patna. The informant alleged that this petitioner along with other accused hatched conspiracy to kill

Patna High Court CR. MISC. No.47723 of 2022(2) dt.04-01-2023 2/3 him.

Learned counsel for the petitioner submits that the informant has unnecessary dragged him in the case of assault by other accused persons. It is her further submission that the informant had also lodged case against her as incorporated in para-3 of the present petition in which now the police has submitted final form. It is her last submission that save and except the conspiracy theory, nothing has been attributed to her on the assault upon the informant.

The learned APP on the other submits that she has been found to be conspirator of the assault upon the informant. Taking into account the aforesaid facts that save and except the role of conspirator, there is nothing on record to show that she has assaulted the informant, a lady and as per the statement made by the learned counsel for the petitioner, the final form has been submitted in the matter, this Court is inclined to grant him the privilege of anticipatory bail. Let the petitioner be released on bail, in the event of her arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II,

Patna High Court CR. MISC. No.47723 of 2022(2) dt.04-01-2023 3/3 Samastipur, in connection with Samastipur (Mufassil) P.S. Case No. 200 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Ravi/- U T