Meena Devi @ Mona Devi @ Meena Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74486 of 2022 Arising Out of PS. Case No.-24 Year-2022 Thana- KARAI PARSURAI District- Nalanda ====================================================== Meena Devi @ Mona Devi @ Meena Kumari Wife of Dharamvir Gope @ Dharmvir Kumar R/v- Neshra, P.S.- Karai Parsurai, District- Nalanda. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Rajeev Kumar, Advocate For the State :

Mr. Mithlesh Kumar Khare, APP For the Informant :

Mr. Anmol Ratan, Advocate Mr. Avinash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-03-2023 Heard learned counsel for the parties.

The petitioner apprehends her arrest in connection with Karaipasurai P.S. Case No.24 of 2022, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 385, 302, 504 and 506 of the Indian Penal Code as well as under Section 27 of the Arms Act.

Allegation against the petitioner is that she gave pistol to her husband, namely, Dharamveer Gope and Dharamveer Gope fired upon the deceased and killed her.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedents as stated in paragraph-3 of the bail petition. It is further submitted

Patna High Court CR. MISC. No.74486 of 2022(3) dt.13-03-2023 2/2 that no specific overt act is alleged against the petitioner and the husband of the petitioner has killed the deceased. It is submitted that there is land dispute between the parties and there is case and counter case also.

The learned APP for the State and learned counsel for the informant opposed the prayer for grant of anticipatory bail to the petitioner by submitting that the petitioner gave a pistol to her husband and her husband fired upon the deceased. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for grant of anticipatory bail to the petitioner is hereby rejected.

However, if petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the learned court below shall consider the prayer for regular bail of the petitioner preferably on the same day without being prejudiced by this order considering the fact that the petitioner is a woman aged about 52 years. (Anjani Kumar Sharan, J) S.KUMAR/- U T