Chhathiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64406 of 2021 Arising Out of PS. Case No.-64 Year-2021 Thana- DESARI District- Vaishali ====================================================== CHHATHIYA DEVI Wife of Raghuvansh Rai Resident of Village - Bajitpur Chak Kasturi, P.S.- Desari (Sahdai O.P.), District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar Singh For the Opposite Party/s :

Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-11-2022 Heard the parties.

The petitioner apprehends her arrest in a case registered for the offence punishable under section 341, 323, 384, 307, 379/34 of the Indian Penal Code and later on added 302 of Indian Penal Code.

Allegedly, the petitioner along with other accused persons assaulted the informant by means of deadly weapons due to which he sustained several injuries.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the specific allegation is

Patna High Court CR. MISC. No.64406 of 2021(4) dt.10-11-2022 2/2 against the co-accused Sonu Kumar. He further submits that in the impugned order it is wrongly mentioned that there is specific and direct allegation against the petitioner. As per the postmortem report in para 47 of the case diary cause of death - septicemia and shocked. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is general and omnibus allegation against the petitioner, let the above named petitioner 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 Desari P.S. Case No.64/ of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T