Sita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53776 of 2023 Arising Out of PS. Case No.-125 Year-2022 Thana- TETERHAT District- Lakhisarai ====================================================== Sita Devi Wife Of Permeshwar Sah Resident of Village- Teterhat, PsTeterhat, Dist- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Teterhat P.S. Case No. 125 of 2022 dated 18.11.2022 instituted for the offence punishable under Sections 302/34 of the Indian Penal Code.

3. The prosecution case, in short, is that on 18.11.2022 at about 8.30 am in the morning, scuffle took place between the informant's mother and his sister-in-law (wife of informant's brother). His sister-in-law, namely, Suruchi Devi called accused persons including petitioner and they abused and assaulted his mother. It is alleged that one of the accused, namely, Puja Devi brutally assaulted his mother at her chest, due to which she died in the hospital.

4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this

Patna High Court CR. MISC. No.53776 of 2023(2) dt.23-08-2023 2/2 case. It is further submitted that the informant and the accused persons are agnates. Learned counsel for the petitioner submits that there is no specific allegation against the petitioner. Specific allegation is against Puja Devi, who had assaulted the mother of the informant due to which she got unconscious and later on, she died in the hospital. Learned counsel for the petitioner submits that petitioner was not present at the place of occurrence. Lastly, it has been submitted that petitioner has no criminal antecedent.

5. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Teterhat P.S. Case No. 125 of 2022, she shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Lakhisarai subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U T