Sharmila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73296 of 2022 Arising Out of PS. Case No.-99 Year-2015 Thana- RAJAOLI District- Nawada ====================================================== SHARMILA DEVI Wife of Rupu Yadav Resident of Village - Madra, P.S.- Rajauli, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad, Adv.

For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends her arrest in a case registered for the offence punishable u/s 341, 323, 307, 379, 504, 34 of IPC. Allegation against the petitioner is that of assaulting the informant.

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 leveled against the petitioner is not specific rather general and omnibus in nature. The specific allegation to assault the informant is levelled upon the co-accused Chhotan Yadav, Rupu Yadav and Arjun Yadav. The alleged occurrence took place in

Patna High Court CR. MISC. No.73296 of 2022(2) dt.24-03-2023 2/2 the year, 2015 and this application has been filed in the year 2022 i.e. after delay of seven years as the petitioner, being a lady, was not aware of the present case.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, 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 Rajauli P.S. Case No.99/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T