Kanti Kuer @ Kanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54406 of 2024 Arising Out of PS. Case No.-78 Year-2024 Thana- SAHAR District- Bhojpur ====================================================== 1.
Kanti Kuer @ Kanti Devi wife of Late Madan Rai Village- Perhap PS- Sahar Dist- Bhojpur 2.
Rita Devi wife of Late Ramji Rai Village- Perhap PS- Sahar Dist- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar For the Opposite Party/s :
Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-08-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 307, 302, 448, 201, 447 of the Indian Penal Code read with Section 25(1-B)a, 26, 27 and 35 of the Arms Act.
3. Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of one case and petitioner no. 2 is a person with clean antecedent and are women and the informant alleges that named male accused persons entered his Dalan where he was sitting with his son and on account of previous enmity, the accused being agnates fired, on which the informant and his son fled in their house, thereafter, Priyanshu,
Patna High Court CR. MISC. No.54406 of 2024(2) dt.06-08-2024 2/3 Deepak and Sonu fired indiscriminately causing injury to his son, further Diwakar, Vishnu, Suman, Parmatma, Nandu, Chhotak and 3-4 unknown also fired at the informant and his son who was lying on the ground while petitioners were watching the occurrence from the window, it is next alleged that his son was declared dead by the doctor and informant was referred to Dr. Vikash for better treatment.
4. Learned counsel for the petitioners submits from perusal of the allegation as alleged in the F.I.R., it would manifest that specific allegation of firing is against named accused persons and no specific allegation is alleged against the petitioners, rather it is alleged that they were also watching the occurrence from the window. It is further submitted that petitioners are women and they have been implicated only to coerce the male accused into submission. It is next submitted that petitioners will not abscond rather will co-operate in the investigation and petitioner no. 1 is a senior citizen aged about 60 years.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the
Patna High Court CR. MISC. No.54406 of 2024(2) dt.06-08-2024 3/3 event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sahar P.S. Case No. 78 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. Accordingly, the instant anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T