Urmila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47753 of 2022 Arising Out of PS. Case No.-33 Year-2021 Thana- BARAULI District- Gopalganj ====================================================== URMILA DEVI Wife of Chandrika Singh R/V- Nautan, P.O and P.S- Jamo Bazar, Dist- Siwan (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikas Ratan Bharti, Adv.

For the Opposite Party/s :

Mr.H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends her arrest in a case registered for the offence punishable u/s 302, 201/34 of the IPC. As per the prosecution case, the informant being a Chaukidar found the dead body of a girl near Gandak Canal, who was killed by some unknown person and deadbody was thrown there to destroy evidence.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She is not named in the F.I.R. and has been falsely implicated in this case due to grudge. Her name transpired in the case on the disclosure of Chaukidar of Nautan village, with whom petitioner has inimical terms. No such occurrence, in the manner as

Patna High Court CR. MISC. No.47753 of 2022(3) dt.16-01-2023 2/2 alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is no eye-witness to the alleged occurrence and only on suspicion, petitioner has been made accused in this case. It is further submitted that petitioner is an old lady aged about 70 years. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering that petitioner is an old lady and there is no specific overt act against her, 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 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 Barauli (Madhopur) P.S. Case No.33 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.