Kiran Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49801 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- BARACHATTI District- Gaya ====================================================== Kiran Devi W/O Pintu Yadav R/O Village- Mahmadpur, P.S- Mohanpur, DistGaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in connection with Barachatti (Mohanpur) P.S. Case No.09 of 2024 instituted under Sections 147, 149, 341, 323, 504, 506, 307, 379, 325 and 427 of the Indian Penal Code.
3. As per prosecution case, the allegation against 11 accused persons including petitioner is that they having armed with deadly weapons brutally assaulted the informant and his family members due to which the victims sustained injuries. They are also alleged to have snatched a tabiz made of gold from the neck of the informant and broke the informant's mobile.
Patna High Court CR. MISC. No.49801 of 2024(2) dt.14-08-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to land dispute. There is delay of 21 days in lodging the F.I.R. for the alleged occurrence. The instant case has been registered against altogether 11 accused persons including petitioner. There is no specific allegation made against the petitioner, however, allegations are omnibus and general. The specific allegation is attributed to the co-accused, namely, Rajendra Yadav and Pintu Yadav. He also submits that there is a case and counter case between both sides. The petitioner, who is a lady, has no criminal antecedent and she undertakes to cooperate in the investigation.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 2nd, Sherghati at Gaya in connection with Barachatti (Mohanpur) P.S. Case No.09 of 2024, subject to the conditions as laid down
Patna High Court CR. MISC. No.49801 of 2024(2) dt.14-08-2024 3/3 in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) Harish/- U T