Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5143 of 2021 Arising Out of PS. Case No.-173 Year-2020 Thana- RAJAPAKAR District- Vaishali ====================================================== 1.

Anita Devi Wife Of Sri Nand Gopal Ram Resident Of Village- Bhalui, P.S.- Rajapakar, District- Vaishali (HAZIPUR).

2.

Reeta Devi Wife Of Sri Surendra Ram Resident Of Village- Bhalui, P.S.- Rajapakar, District- Vaishali (HAZIPUR).

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar For the Informant :

Mr. Ashok Kumar Sinha For the State :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-08-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 325, 307, 302 and 34 of the Indian Penal Code.

The prosecution allegation, in short, is that on trivial issue of flowing water, the accused persons assaulted the husband of the informant due to which he sustained injury and later succumbed to the injury.

It has been submitted on behalf of the petitioners that the

Patna High Court CR. MISC. No.5143 of 2021(2) dt.09-08-2021 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The allegation of assault is alleged against co-accused namely Surendra Ram who is alleged to have assaulted the deceased with iron rod. The petitioners are ladies.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances and also the lockdown, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned A.C.J.M. -III,Vaishali at Hajipur in connection with Raja Pakar P.S. Case No. 173 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T