Basanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58586 of 2021 Arising Out of PS. Case No.-215 Year-2021 Thana- BUXAR District- Buxar ====================================================== BASANTI DEVI W/o Ravindra Paswan R/o Mohalla- Nai Bazar Ward No. 8, P.S.- Buxar Town, District- Buxar ... ... Petitioner.

Versus

THE STATE OF BIHAR ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Sumeet Kumar Singh, Advocate For the Opposite Party :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-04-2022 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending her arrest in Buxar (Town) P.S. Case No. 215 of 2021 registered under Sections 147, 148, 149, 241, 323, 307, 379, 504, 506 of the Indian Penal Code and 27 of the Arms Act.

Prosecution case in short is that FIR named 9 accused persons including the petitioner came at the house of the informant and started abusing in filthy language. On protest, the accused persons are said to have assaulted the informant as a result of which, she sustained injury. When the informant's husband and daughters came to rescue, they were also assaulted. Firing is also alleged to have been made during the occurrence. One of the accused is said to have taken away Necklace from informant's daughter.

Patna High Court CR. MISC. No.58586 of 2021(2) dt.28-04-2022 2/2 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The petitioner is a lady. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar (Town) P.S. Case No. 215 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T