Annu Mishra @ Ashma Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69473 of 2021 Arising Out of PS. Case No.-177 Year-2021 Thana- KATEYA District- Gopalganj ====================================================== ANNU MISHRA @ ASHMA KHATOON Wife of Munna Mishra R/o Village - Panan Mahuawa, P.S. - Kateya, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, APP For the Informant :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-05-2022 Heard learned counsel for the petitioner, learned A.P.P. for the State and no one appears on behalf of the informant.

The petitioner seeks bail in a case registered for the offences punishable under Sections 386, 387, 302, 120B and 34 of the Indian Penal Code read with Section 27 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is in custody since 24.07.2021, charge-sheet has been submitted, has antecedent of one case and is a women. The informant alleges that his brother (deceased) was sitting in the shop and the informant was on his way home when he heard a sound of firing and thus rushed to the place of occurrence and saw that Munna Jaiswal was sitting on his

Patna High Court CR. MISC. No.69473 of 2021(2) dt.10-05-2022 2/3 motorcycle and Munna Mishra having AK-47 in his hand was coming out of his shop and fled with Munna Jaiswal and his associates co-accused Dhananjay, Ishrafil and Harikesh followed them on a bullet thus alleges that his brother was shot as demand of extortion on behalf of notorious criminal, Munna Mishra was not paid.

Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. nor there is any allegation of participation of a woman in the occurrence, it is further submitted that the name of this petitioner transpired during the course of investigation only because she is wife of Munna Mishra. Learned counsel further submits that co-accused Alkeshwar Mishra has been granted bail vide order dated 28.02.2022 in Cr. Misc. No. 66633 of 2021, Tuntun Mishra vide order dated 20.04.2022 in Cr. Misc. No. 19860 of 2022 and Harikesh Mishra vide order dated 13.04.2022 in Cr. Misc. No. 18366 of 2022.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 24.07.2021, charge-sheet has been submitted in the case, is not named in the F.I.R. and her name transpired as she is wife of

Patna High Court CR. MISC. No.69473 of 2021(2) dt.10-05-2022 3/3 Munna Mishra and the fact that petitioner is a lady, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten 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 Kateya P.S. Case No. 177 of 2021.

(Satyavrat Verma, J) Rishi/- U T