Usha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57254 of 2022 Arising Out of PS. Case No.-103 Year-2021 Thana- SITAMARHI District- Sitamarhi ====================================================== USHA DEVI W/O LATE KRIPA SHANKAR MANDAL, Resident of village- Humayupur, P.S.- Bajpatti, District- Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushpendra Kumar Singh Smt. Divya Bharti For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-02-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends her arrest in connection with Sitamarhi P.S. Case No. 103 of 2021 registered for offence punishable under sections 147, 148, 149, 302 and 504 of the Indian Penal Code.
As per allegation, despite the fact that two rupees were returned to co-accused Chhotu Kumar, he assaulted the nephew of the informant, Vicky Kumar with knife. The allegation against the petitioner, who is cousin maternal grandmother of Chhotu Kumar is that she caught hold of Vicky Kumar. When Vicky Kumar fell down on the ground, co-accused Chandra Prakash Mandal dashed him with motor cycle resulting into his death.
Patna High Court CR. MISC. No.57254 of 2022(2) dt.09-02-2023 2/2 The learned counsel for the petitioner has submitted that the petitioner is a lady of 81 years of age and she has falsely been implicated in this case. He has submitted further that coaccused Anand Kumar, on similar allegation, has been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 6289 of 2022. The petitioner is a lady of clean antecedent.
Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of her arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 103 of 2021, subject to condition as laid down under section 438(2) Cr. P.C.
(Nawneet Kumar Pandey, J) Mahesh/- U T