Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55816 of 2022 Arising Out of PS. Case No.-415 Year-2021 Thana- PARSA District- Saran ====================================================== Anita Devi W/O Upendra Sharma R/O Village- Parsauna, P.S- Parsa, DistrictSaran At Chhapra. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Radha Mohan Singh, Advocate For the Opposite Party/s :

Mr.Choubey Jawahar, A.P.P For the Informant/s :

Mrs. Kanchan Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-01-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 341, 323, 324, 307, 354, 379, 506 and 504 read with 34 of the Indian Penal Code. As per the prosecution case, when the informant was at her house, the petitioner and the co-accused persons came and the co-accused Ramnath Sharma started dragging her and tore her clothes and during that period co-accused Upendra Sharma and Ramnath Sharma caused injuries on her head with sword (

Patna High Court CR. MISC. No.55816 of 2022(2) dt.24-01-2023 2/3 farsa ). When informant's family came to rescue, co-accused Upendra Sharma caused injury with iron rod on the head of Beauty Kumari and other co-accused started assaulting Madhu and Shilpa with iron rod, danda and brick and the co-accused Ramnath Sharma also snatched ornaments of the informant. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated at para 3 of the bail petition. The main allegation is against the co-accused Upendra Sharma who has already been granted regular bail by the Co-ordinate Bench vide order dated 18.07.2022 passed in Cr. Misc. No. 17061 of 2022. There is general and omnibus allegation against the petitioner. The petitioner is a lady. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the prayer for anticipatory bail of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like

Patna High Court CR. MISC. No.55816 of 2022(2) dt.24-01-2023 3/3 amount each to the satisfaction of the learned court concerned, Saran at Chapra in connection with Parsa P.S. Case No. 415 of 2021, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T