Minta Devi @ Taregani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66356 of 2022 Arising Out of PS. Case No.-73 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== MINTA DEVI @ TAREGANI DEVI WIFE OF LATE SIYARAM SAH R/O VILLAGE- JAMUAON, P.S.- SANDESH IN THE DISTRICT OF BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2023 Heard the parties.

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

The allegation against the petitioner is that she alongwith other co-accused persons assaulted the grandson of the informant due to which he died during the course of treatment. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He further submits that the post-mortem

Patna High Court CR. MISC. No.66356 of 2022(4) dt.10-04-2023 2/2 report does not supported the prosecution case as no external injury has been found on the dead body of the deceased. The deceased was heavy drunker and he used to assault his wife and children in drunken condition. Petitioner has no criminal antecedent.

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

Having regard to the facts and circumstances of the case as well as considering the post mortem report of the deceased, let the above named petitioner, be released on bail, in the event of his/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 Udwant Nagar P.S. Case No.73 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