Binda Devi @ Vinda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71752 of 2022 Arising Out of PS. Case No.-502 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

Binda Devi @ Vinda Devi Wife Of Nathuni Rai R/O- Purushottampur, Ward No. 10, P.S.- Majhauliya, District- West Champaran 2.

Shyambabu Rai @ Shyambabu Kumar Son Of Nathuni Rai R/OPurushottampur, Ward No. 10, P.S.- Majhauliya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey :

Mr. Vikash Kumar Shukla For the State :

Mr. Md. Shakir Ahmad For the Informant :

Mr. Rananjay Kumar :

Mr. Mahtab Alam :

Mr. Udeshya Kumar Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 447, 341, 323, 337, 302, 120B, 504 and 34 of the Indian Penal Code pending in the learned court below.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioner. He submits that there is no specific overt act against the petitioner. He further submits that

Patna High Court CR. MISC. No.71752 of 2022(2) dt.16-03-2023 2/2 there is specific allegation against the petitioner no.2 to press the neck of the deceased but the post-mortem report does not support the prosecution case. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that there is no any external injury is detected in any part of the body of the deceased, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Majhauliya P.S. Case No.502/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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