Shakunti Devi @ Rajmahli Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74013 of 2024 Arising Out of PS. Case No.-352 Year-2024 Thana- DHANARUA District- Patna ====================================================== Shakunti Devi @ Rajmahli Devi Wife of Rajnandan Prasad R/O Gulriya Bigha, P.O.- Sanda, P.S.- Dhanarua, Dist.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwamohan Kumar Sinha, Adv For the Opposite Party/s :

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-10-2024 Heard the parties.

2.

The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 118(1), 103(1) and 3(5) of the B.N.S., 2023.

3.

As per the FIR, the petitioner and other co-accused persons brutally assaulted the informant and his father due to which the father of the informant died during the course of treatment.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She 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. There is a case and counter case between the parties. The allegation against the petitioner is that she assaulted

Patna High Court CR. MISC. No.74013 of 2024(2) dt.28-10-2024 2/2 the father of the informant by means of hasua. It is further submitted that the post-mortem report of the deceased has not supported the allegation levelled against the petitioner. Petitioner has no criminal antecedent.

5.

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

6.

Having regard to the facts and circumstances of the case, since the petitioner is a lady and the post mortem report of the deceased has not supported the prosecution 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 Dhanarua P.S. Case No.352 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS, 2023.

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