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Patna High CourtCR. MISC./73720/2022allowed

Dai Devi @ Dai Rani Devi v. The State Of Bihar

2023-03-27Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 73720 of 2022 Arising Out of PS. Case No.-231 Year-2019 Thana- BIHARIGANJ District- Madhepura ====================================================== DAI DEVI @ DAI RANI DEVI WIFE OF LATE BATESHWAR CHOUDHARY @ FULEN CHOUDHARY R/O VILLAGE- RAHUA, P.S.- BIHARIGANJ, DISTRICT- MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Allegedly, petitioner, along with other accused persons, killed the informant's son.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is grandmother-in-law of the informant's son (deceased). No such occurrence as alleged ever took place. She has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is admitted family dispute between the

Patna High Court CR. MISC. No. 73720 of 2022(2) dt.27-03-2023 2/2 parties. There is no eye-witness of the occurrence. He further submits that it can not be expected that anyone's grandmother-inlaw would murder her Damad. Petitioner is an old lady aged about 75 years and she is suffering from several old age diseases. It is further submitted that after the investigation, the police has filed the final form against the petitioner but the learned Court below took cognizance differing the final form. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, as the police has filed the final form against the petitioner, let the above named petitioner, be released on bail, in the event of his 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 Bihariganj P.S. Case No.

(2) of the Cr.P.C.

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