Sharda Devi @ Sharda Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57815 of 2024 Arising Out of PS. Case No.-31 Year-2019 Thana- DERNI BAZAR District- Saran ====================================================== 1.

Sharda Devi @ Sharda Kunwar WIFE OF LATE BALESWAR RAY VILLAGE- JAMINPUR, PS- DERNI, DIST- SARAN 2.

DHARMENDRA KUMAR RAY @ DHARMENDRA RAY @ DR. DHARMENDRA RAY SON OF RAJNARAYAN RAY VILLAGEJAMINPUR, PS- DERNI, DIST- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhiraj Kumar Singh, Adv.

For the Opposite Party/s :

Mrs.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-08-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 379, 324, 506/34 IPC.

3.

Allegation against the petitioners is that they assaulted the informant's side by means of several deadly weapons. 4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken

Patna High Court CR. MISC. No.57815 of 2024(2) dt.21-08-2024 2/3 place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. It is fairly submitted that the present application has been filed after issuance of process u/s 82 Cr.P.C. and petitioner no.1 is a widow lady, aged about 64 years. Petitioner has no criminal antecedent and some of the co-accused have been granted anticipatory bail by this Court vide order dated 10.07.2024 passed in Cr. Misc. No.38484 of 2024.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, considering that petitioner no.1 is a widow, aged 64 years, let her be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Derni P.S. Case No.31 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 7.

However, considering that the present application for anticipatory bail has been filed after issuance of process u/s 82 Cr.P.C., I am not inclined to enlarge the petitioner no.2 on

Patna High Court CR. MISC. No.57815 of 2024(2) dt.21-08-2024 3/3 anticipatory bail. The prayer for grant of bail on his behalf is hereby rejected.

8.

This application is accordingly partly allowed. (Anjani Kumar Sharan, J) pallavi/- U T