Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71480 of 2024 Arising Out of PS. Case No.-213 Year-2024 Thana- PANAPUR District- Saran ====================================================== Shanti Devi W/o Ramagya Prasad @ Ramagya Raut Village- Dhenuki P.SPanapur District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar, Advocate For the State :

Mr. Chandra Sen Prasad Singh, APP For the Informant :

Mr. Sanjeet Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-03-2025 Heard learned counsel for the petitioner and learned APP for the State and learned counsel for the informant. 2.

The petitioner apprehends her arrest in a case registered for the offence punishable u/s 115/ 118(1)/ 117/ 109/ 103(1)/ 352/ 3(5) of the BNS, 2023.

3.

As per prosecution case, the petitioner along with other coaccused persons assaulted the husband of the informant by means of lathi, brick, iron rod and bamboo. When informant came to rescue then the petitioner caught hair of the informant and put her down on earth and other co-accused persons assaulted her. Her husband died in course of treatment.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Allegation of assault has been attributed against other co-accused

Patna High Court CR. MISC. No.71480 of 2024(4) dt.07-03-2025 2/2 persons. She has been falsely implicated in this case due to admitted land dispute. No such occurrence, in the manner as alleged, has ever taken place. There is no specific allegation of assaulting the deceased against the petitioner. The specific allegation against the petitioner is that she caught hold the informant by hair and put her down on earth. It is further submitted that the petitioner is a 78 years old lady. Petitioner has no criminal antecedent as mentioned in para 3 of the bail application.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case and the age of the petitioner, 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) 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 Panapur P.S. Case No.213 of 2024, subject to the conditions as laid down under Section 482(2) of BNSS, 2023.

(Anjani Kumar Sharan, J) priyanka/- U T