Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56830 of 2022 Arising Out of PS. Case No.-234 Year-2020 Thana- JHAJHA District- Jamui ====================================================== SUNITA DEVI Wife of Sanjay Yadav Resident of Village - Karhara, Police Station - Jhajha, District - Jamui. At present wife of Budhan Yadav, Resident of Village Ganda Lalilewar, Post office - Charkapathar, Police Station - Sono, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar, Adv.

For the Opposite Party/s:

Mr.Satyendra Narayan Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner apprehend her arrest in a case registered for offence punishable u/s 341, 323, 325, 302, 120(B), 448, 506, 34 of IPC.

As per allegation in the FIR, four criminals entered into the house of the informant and they assaulted the wife of the informant by means of rod and also pressed her neck, due to which she died at spot.

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. This case is based on

Patna High Court CR. MISC. No.56830 of 2022(2) dt.02-01-2023 2/2 false, frivolous and concocted story. On mere suspicion, she has been falsely implicated in this case. No case is made out against the petitioner. The doctor has not found any injury on head. Death was done due to fracture of right shoulder bone, left tibra and fibula bone and hemorrhage and shock. It is further submitted that similarly situated co-accused has been granted anticipatory bail in Cr.Misc No. 52623 of 2021 vide order dated 23.06.2022. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since the similarly situated co-accused has been granted anticipatory bail, 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) each 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 Jhajha P.S. Case No.234 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.