Pratima Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65422 of 2022 Arising Out of PS. Case No.-456 Year-2021 Thana- MURLIGANJ District- Madhepura ====================================================== PRATIMA DEVI W/o Late Ganesh Yadav R/o Village- Haripur Kala, Ward no. 07, P.S.- Murliganj, Distt- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Bilash Roy Raman,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends her arrest in connection with Murliganj P.S. Case No. 456 of 2021 for the offence registered under Sections 341, 323, 379, 325, 307, 504, 506 and 34 of the Indian Penal Code.

As per the prosecution story, the allegation is that the informant was talking with his cousin, Milan Kumar when the FIR named accused came and assaulted him and when his parents came to his rescue, they too were assaulted which resulted into death of his mother. Accordingly, the FIR was lodged.

Learned counsel for the petitioner submits that she was not named in the FIR but in course of investigation due to enmity as also that the deceased happened to be the mother-in-

Patna High Court CR. MISC. No.65422 of 2022(2) dt.24-01-2023 2/2 law, she has been dragged. The last submission is that she is ready to abide by all the terms and conditions, if granted the relief.

Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail.

Taking into account the fact that the petitioner is an aged lady, do not have criminal antecedent, initially her name was not in the FIR, she will be cooperating in the investigation and will be diligently appearing in trial, this Court is inclined to grant her privilege of anticipatory bail.

Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st, Madhepura in connection with Murliganj P.S. Case No. 456 of 2021 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Jagdish/Neha/- U T