Khusbhu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49871 of 2023 Arising Out of PS. Case No.-41 Year-2020 Thana- TISIAUTA District- Vaishali ====================================================== KHUSBHU DEVI W/O JITENDRA KUMAR R/O VILLAGE- PINDAUTA BUZURG, CHAKAIYA, PS. TISIAUTA, DIST. VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravish Mishra, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman.

4. The informant alleges that on account of dispute relating to land between the brothers accused Jitendra Kumar killed the deceased.

5. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that Jitendra Kumar and the deceased were maternal nephews of the informant and from perusal of the allegation as alleged in the FIR, it would manifest that

Patna High Court CR. MISC. No.49871 of 2023(2) dt.01-08-2023 2/2 informant is not an eyewitness to the occurrence rather the entire allegation hinges around suspicion. It is next submitted that petitioner being wife of Jitendra Kumar came to be implicated. It is also submitted that Jitendra Kumar has been granted regular bail by a Coordinate Bench of this Court vide order dated 27.07.2022 passed in Cr. Misc. No. 5185 of 2022.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten 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 Tisiauta P.S. Case No. 41 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T