Nagina Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50302 of 2024 Arising Out of PS. Case No.-3 Year-2024 Thana- RAMGARHWA District- East Champaran ====================================================== Shanti Devi @ Kanti Devi wife of Late Rajendra Ram Village- Murla PoMurla PS- Ramgarhwa Dist- East Champaran, Motihari. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra For the Opposite Party/s :
Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 28-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending her arrest in connection with Ramgarhwa P.S. Case No. 03/2024 registered for the offences punishable under Sections 302, 120B, 34 of the Indian Penal Code and Sections 25(1-a)b, 26, 27 and 35 of the Arms Act.
3. As per prosecution case, on 08.01.2024 a Chhatiyar ceremony was going on in the neighbouring house of the informant, in the meantime, co-accused Ranjay Ram and Manjay Ram came to the house of the informant and they took away informant's son Guddu Kumar forcefully. A dance programme was also going on at the gate of present petitioner and many people are called by the petitioner and they were
Patna High Court CR. MISC. No.50302 of 2024(2) dt.28-08-2024 2/3 watching dance programme after taking meal. It is alleged that co-accused Ranjay Ram fired upon the informant's son who sustained injury on the back.
4. Learned counsel for the petitioner submits that petitioner being a lady and she has falsely been implicated in this case just to harass her. Petitioner bears no criminal antecedent. From bare perusal of the FIR, it appears that basically no allegation is made out against the petitioner, rather programme is being held at the gate of the petitioner and there is specific allegation against co-accused Ranjay Ram who is said to have fired upon the informant's son. He further submits that there is no eye witness of the alleged occurrence.
5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case, petitioner being a lady, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two
Patna High Court CR. MISC. No.50302 of 2024(2) dt.28-08-2024 3/3 sureties of the like amount each to the satisfaction of learned S.D.J.M. Raxaul, Distt.-East Champaran, Motihari in connection with Ramgarhwa P.S. Case No. 03/2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Alok Kumar Pandey, J) amitkumar/- U T