Guljariya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72998 of 2024 Arising Out of PS. Case No.-386 Year-2023 Thana- JANDAHA District- Vaishali ====================================================== Guljariya Devi W/O Ashok Sahani Resident of Village - Sakrauli, P.S.- Jandaha (Mahisaur), District- Vaishal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vasant Vikas, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-10-2024 Heard Mr. Vasant Vikas, learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 365, 366, 504/34 of the Indian Penal Code.

3. According to the prosecution case, the informant alleged that co-accused Nitish Kumar has kidnapped his wife. When the informant approached the petitioner to inquire about this matter, the petitioner, along with other co-accused persons, abused the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is

Patna High Court CR. MISC. No.72998 of 2024(2) dt.24-10-2024 2/2 admitted land dispute between the parties. He submits that there is no specific overt act against the petitioners. He further submits that the petitioner has falsely been implicated in this case because she is the mother of co-accused Nitish Kumar. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that there is no specific overt act against 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 Jandaha (Mahisaur) P.S. Case No. 386 of 2023, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

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