Rekha Devi @ Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54796 of 2024 Arising Out of PS. Case No.-345 Year-2024 Thana- MASAUDHI District- Patna ====================================================== Rekha Devi @ Anita Devi Wife Of Sri Vijay Prasad R/V- Maharajchak, P.S.- Masaurih, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Masaurhi P.S. Case No. 345 of 2024 dated 01.05.2024 instituted for the offence punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code.

3. The prosecution case, in short, is that on the alleged date and time of occurrence, the petitioner along with other accused persons started abusing the informant. On protest made by the informant, they started assaulting. In this incident, co-accused Vijay Prasad assaulted the son of the informant by iron rod, due to which he sustained injury in his head.

4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this

Patna High Court CR. MISC. No.54796 of 2024(2) dt.31-08-2024 2/2 case. It is further submitted that there is no specific allegation against the petitioner rather the allegation against the petitioner is general and omnibus. Specific allegation is against the husband of the petitioner, who assaulted with iron rod on the head of son of the informant. Learned counsel for the petitioner further submits that there is a land dispute between the parties. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Masaurih P.S. Case No. 345 of 2024, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Masaurih, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) premchand/- U T