Anju Devi @ Aasha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3322 of 2018 Arising Out of P.S.Case No. -62 Year- 2017 Thana -PURANHIA District- SHEOHAR ====================================================== Anju Devi @ Aasha Devi W/o Surendra Das R/o Village- Basantpatti, P.S.- Purnahiya, District- Sheohar.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Prabhat Kumar, Advocate For the Opposite Party : Mr. Shailendra Kumar -2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 02-02-2018 Heard.

The petitioner apprehends arrest in connection with Purnahiya P.S.Case No.62 of 2017 registered for an offence under Sections 323 and other ancillary Sections of the IPC. The informant alleged that after the accidental death of Kishan Das, the people brought the dead body and kept it on the road in order to extort money from him. Many villagers at the instance of Pawan Singh, Sarpanch assembled and started demolishing the house of the informant and also set the same ablaze.

Learned counsel for the petitioner submits that the petitioner is of course named in the FIR but no specific allegation is made against the petitioner. Kishan Das was dashed by the motorcycle driven by the son of the informant and Kishan Das

Patna High Court Cr.Misc. No.3322 of 2018 (2) dt.02-02-2018 2/3 died for which Purnahiya P.S.Case No.60 of 2017 was registered against the son of the informant. The villagers made protest but the petitioner has falsely been implicated in the case at the instance of the police. He further submits that similarly situated co-accuseds have been granted anticipatory bail by a coordinate Bench of this Court in Cr.Misc.No.57202 of 2017 and Cr.Misc.No.60130 of 2017.

However, learned APP opposed the submissions. Considering the aforesaid facts and circumstances, the prayer for anticipatory bail is allowed. Let the above named petitioner in the even of her arrest or surrender before the court below within six 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 SDJM, Sheohar in connection with Purnahiya P.S.Case No.62 of 2017(G.R.No.543 of 2017), subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to

Patna High Court Cr.Misc. No.3322 of 2018 (2) dt.02-02-2018 3/3 appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U