Sabita Devi @ Sabiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68786 of 2021 Arising Out of PS. Case No.-27 Year-2021 Thana- SARSI District- Purnia ====================================================== SABITA DEVI @ SABIYA DEVI W/o Ram Chandra Sah @ Krishna Chandra Sah Resident of Village - Parasmani, P.S.- Sarsi, Distt.- Punrea. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Mukesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is a lady and is a person with clean antecedent. The informant alleges that while her mother was coming from shop and reached near the house of Upendra Sah, the accused persons including the petitioner surrounded her. Upendra Sah assaulted the mother of the informant 3-4 times with axe on her head and face and thereafter Ram Chandra Sah assaulted with Dabiya on her leg causing injury and the petitioner and Nilam Devi were hurling abuses. It is next alleged that the victim died and the same was

Patna High Court CR. MISC. No.68786 of 2021(2) dt.25-07-2022 2/2 witnessed by the villagers.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and there is specific allegation of assault against Upendra Sah and Ram Chandra Sah which led to the death of the mother of the informant and the petitioner is the wife of Ram Chandra Sah, as such, she has been implicated with an allegation that she was hurling abuses when the occurrence took place.

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

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds 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 Sarsi P.S. Case No. 27 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T