Gudul Devi @ Pooja Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7249 of 2021 Arising Out of PS. Case No.-135 Year-2020 Thana- FATEHPUR District- Gaya ====================================================== Gudul Devi @ Pooja Devi, Wife of Shashi Bhushan Kumar @ Chulbul Kumar, R/o Village Dhangaon, P.S. Fatehpur, District Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Nayan, Advocate For the Opposite Party/s :

Mr. H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends her arrest in Fatehpur P.S. Case No.135 of 2020, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 302, 379, 427 and 120(B) of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioner herein having assaulted the mother of the informant, whereupon she had fallen on the ground and had subsequently died at the hospital.

Learned counsel for the petitioner submits that the petitioner has committed no offence and she has falsely been implicated in the present case. It is further submitted that no specific allegation is alleged against the petitioner. Specific

Patna High Court CR. MISC. No.7249 of 2021(2) dt.02-12-2021 2/2 allegation of assault is against other accused persons, namely, Ravinandan Kumar @ Ravi and Shashi Bhushan Kumar @ Chulbul. It is also submitted that the petitioner has got no criminal antecedent as stated in para 3 of the bail petition. It is submitted that similarly situated co-accused, Sudha Devi has already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 23.11.2021, passed in Cr. Misc. No.4608 of 2021. Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Having considered the fact that similarly situated coaccused has already been granted bail by a co-ordinate Bench of this Court, let petitioner, above named, in the event of her arrest or surrender before learned court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Fatehpur P.S. Case No.135 of 2020, subject to the conditions laid down under Section 438(2) Cr.P.C. (Anjani Kumar Sharan, J.) Sanjay/- U T