Kavita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67440 of 2022 Arising Out of PS. Case No.-285 Year-2022 Thana- BIBHUTIPUR District- Samastipur ====================================================== KAVITA DEVI Wife of Binod Das R/v- Chakahbib, Ward No. 08, Tola Turki, P.S.- Bibhutipur, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Sinha For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-02-2023 Heard the parties.

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

As per the allegation, the petitioner threw water from her roof which was objected by the informant. It is alleged that the petitioner started throwing bricks which hit upon the armpit of the son of the informant aged about 5 years, he became senseless. During the course of treatment the son of the informant died.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. She has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. He further submitst

Patna High Court CR. MISC. No.67440 of 2022(2) dt.25-02-2023 2/2 that the post-mortem report (enclosed as Annexure-2 of the bail application) does not supported the prosecution case. 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, 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 Bibhutipur P.S. Case No.285 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