Laxmi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69648 of 2019 Arising Out of PS. Case No.-181 Year-2019 Thana- RAMPUR District- Gaya ====================================================== LAXMI DEVI W/o Late Arvind Yadav, D/o Ram Sharan Yadav Resident of Village- Kandi Nawada, P.S.- Chaudauti, District- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudhanshu Kumar Lal, Adv Mr.Ajit Ranjan Kumar For the informant : Mr. Sanjeev Kumar Mr. Priya Ranjan Mr. Mukesh Kumar, Adv For the Opposite Party/s :
Mr.Pancha Nand Pandit, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends her arrest for the offences alleged under Sections 341, 323, 504, 325, 302/34 of the Indian Penal Code registered in connection with Rampur P.S. Case No. 181 of 2019.
3. It is submitted that the petitioner has been falsely implicated in the backdrop of the fact that the petitioner and other family members were opposed to the love affair between the petitioner's sister and the deceased (informant's son). It is submitted that the petitioner and her family members have been implicated vengefully after the petitioner's sister was married elsewhere. The petitioner is a married lady residing at Nawada and was not present at the place of occurrence at Gewal Bigha, Gaya. As a matter of fact the deceased along with other petitioners entered the house of the accused persons and started destroying and looting the property, upon which local persons assembled and started pelting stones upon the criminals. The deceased fled away from the place of occurrence on his motorcycle, but met with an accident and fell down which resulted in injury from a
Patna High Court CR. MISC. No.69648 of 2019(4) dt.06-03-2020 2/2 stone on the right side of the chest leading to his death. The petitioner claims clean antecedents.
4. Learned APP assisted by learned counsel for the informant appears and oppose the petition, submitting on the basis of case diary that there is specific allegation against the petitioner of having assaulted the deceased with stone on his chest. The post mortem report corroborates the accusation of assault on the chest with stone. Other co-accused Lala Yadav and Vishal Kumar @ Vishal Yadav have been refused anticipatory bail by this Court in Cr. Misc. No. 73874 of 2019.
5. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.
6. If the petitioner surrenders and seeks regular bail before the learned Court below the same shall be considered on its own merit in accordance with law and without being prejudiced by any observation in the present order.
(Vikash Jain, J) Chandran/- U T