Sumitra Devi @ Ramita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62244 of 2022 Arising Out of PS. Case No.-230 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

SUMITRA DEVI @ RAMITA DEVI WIFE OF BIRJASAR RAI @ BIJASAR RAI R/O VILL.- MANDILWA, P.S.- CHIRAIYA, DISTT.- EAST CHAMPARAN 2.

INDRASAN DEVI WIFE OF PATWARI RAI R/O VILL.- MOHADDIPUR, P.S.- CHIRAIYA, DISTT.- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar No.1 For the Opposite Party/s :

Mr. Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-01-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 302 and 120(b) of the Indian Penal Code.

The allegation against the petitioners is that they alongwith other co-accused persons under criminal conspiracy, have committed murder of her husband and threw his dead body.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather

Patna High Court CR. MISC. No.62244 of 2022(2) dt.12-01-2023 2/2 general and omnibus in nature. There is no specific overt act against the petitioners. There is no eyewitness in the present case and they are the members of mob. He submits that the petitioner and informant are agnates and there is an admitted land dispute between the parties. He further submits that the petitioners are ladies and they have been made accused in the present case merely on the basis of suspicion. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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 Chiraiya P.S. Case No.230 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T