Kiran Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73191 of 2024 Arising Out of PS. Case No.-37 Year-2023 Thana- SAHARGHAT District- Madhubani ====================================================== Kiran Devi Wife of Raj Narayan Yadav @ Rajnarayan Yadav R/O Vill.- Mukhiyapatti, Jila Tola, P.S.- Shaharghat, Dist.- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-12-2024 Heard Learned Counsel for the petitioner and Learned APP for the State
2. The petitioner is apprehending arrest in connection with Shaharghat P.S. Case No. 37 of 2023, lodged on 17.03.2023, under Sections 147, 148, 149, 341, 323, 324, 379, 307, 504 and 506 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against 11 named accused persons including the present petitioner against whom there is general and omnibus allegation that all the accused persons have assaulted the informant with knife.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits the present case has been lodged by the informant bearing Shaharghat P.S. Case No. 37 of 2023, whereas the petitioner's side has lodged Shaharghat P.S. Case No. 30 of 2023 under Section 302, in which the petitioner's side was murdered and only with a view to save the skin, the informant's side has
Patna High Court CR. MISC. No.73191 of 2024(2) dt.05-12-2024 2/2 lodged the present case after a delay of 12 days. Counsel further submits that the petitioner is a lady, having clean antecedent and upon bare reading of the FIR, there is general and omnibus allegation. Counsel further submits that the petitioner's side lodged the case on 06.03.2023, whereas the present case in which the petitioner is seeking bail was lodged on 17.03.2023 by the informant. Counsel also submits that the present case is nothing but an afterthought of the informant.
5. Learned APP for the State opposes the prayer for bail.
6. As such, considering the aforesaid facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of J.M. 1st Class, Benipatti, District- Madhubani, in connection with Shaharghat P.S. Case No. 37 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.
Aman Kumar/- (Dr. Anshuman, J) U T