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Patna High CourtCR. MISC./64328/2021dismissed

Raj Kumari Devi v. The State Of Bihar

2022-11-10Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64328 of 2021 Arising Out of PS. Case No.-417 Year-2020 Thana- GHORASAHAN District- East Champaran ====================================================== RAJ KUMARI DEVI Wife of Gangan Dev Singh @ Gagandev Prasad Resident of Village - Laxmipur, Police Station - Ghorasahan, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends her arrest in a case registered for the offence punishable under sections 302, 34 of the IPC. Allegedly, the petitioner along with other co-accused persons assaulted the father of the informant with leg and fists and killed him.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. She has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that there is land dispute between the parties. It is submitted that there is general and omnibus allegation against all the accused

Patna High Court CR. MISC. No.64328 of 2021(4) dt.10-11-2022 2/2 persons. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail by submitting that the father of the informant died during treatment.

Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner named above on bail. The prayer for grant of anticipatory bail on behalf of the petitioner is rejected.

However, if petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the learned court below shall consider the prayer for regular bail of the petitioner preferably on the same day without being prejudiced by this order taking into consideration the facts that the petitioner is a lady and no specific allegation is made against the petitioner.

(Anjani Kumar Sharan, J) shikha/- U T