Anjali Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 8273 of 2021 Arising Out of PS. Case No.-201 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== ANJALI DEVI W/o Vivek Kumar Singh @ Vivek Singh R/o villageMadhurapur, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Jha, Advocate For the State :

Dr. Ajeet Kumar, APP For the Informant :

Mr. Yugal Kishore, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-05-2021 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Bidupur P.S. case no. 201 of 2019 registered under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act.

As per allegation in the FIR, it is stated by the informant that as a result of digging of a ditch an altercation started between the parties. It is stated that the petitioner and one another called the other accused persons and as a result of indiscriminatory firing by Abhisekh Kumar and Vivek Singh, the informant's father sustained injury and died. It is further stated that the petitioner herein assaulted the wife of the informant with a bamboo stick as a result of which the informant's wife sustained injury on her head. After treatment his wife returned home.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No. 8273 of 2021(2) dt.24-05-2021 2/2 that the allegations as levelled in the FIR are false and concocted. The parties are agnates and they have been falsely implicated in the case because of land dispute. So far as the petitioner is concerned, she is a lady having no criminal antecedent and is in custody since 16.9.2020 The application for bail is opposed by learned counsel for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that from the FIR itself it would transpire that it was as a result of the instigation of this petitioner and one another that the other accused fired indiscriminatory leading to death of the informant's father. It is further submitted that there is direct allegation of assault against this petitioner.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the contents of the FIR and the petitioner's period in custody, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Bidupur P.S. Case no. 201 of 2019 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur.

Prakash/- (Partha Sarthy, J) U