Ranjan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74871 of 2022 Arising Out of PS. Case No.-286 Year-2021 Thana- BAKHTIARPUR District- Saharsa ====================================================== Ranjan Devi Wife Of Shambhu Singh R/O Village- Chak Bharo, P.S.- Simri Bakhtiyarpur, Ward No.5, District- Saharsa ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Parmeshwar Mehta, Advocate For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking prearrest bail in connection with Simri Bakhtiyarpur @ Bakhtiyarpur P.S. Case No. 286 of 2021 registered for the offences punishable under Sections 147, 341, 323, 324, 307, 379, 504, 506 of the Indian Penal Code. He has no criminal antecedent as stated in paragraph '3' of the application. As per the prosecution story, the informant has alleged that his father died on 30.08.2021 and cremation was done on his personal land. It is further alleged that while the family members of the informant were busy in worship all the accused persons including the petitioner armed with weapon surrounded him and assaulted by means of spade, iron rod and lathi.

Patna High Court CR. MISC. No.74871 of 2022(2) dt.29-04-2023 2/3 Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Learned counsel submits that the husband of the petitioner has also filed a counter case. Petitioner is order giver and she is pardanasin lady.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Having regard to the facts and circumstances of the case, considering that the petitioner is said to be an order giver, there is a case and counter case, the counter case has been lodged by the husband of this petitioner and there are injuries to both the sides as also that the co-accused Sikandra Singh and co-accused Reema Devi @ Rena Devi have been granted anticipatory bail by the learned court below in Anticipatory Bail Application No. 587/2021, otherwise there is no criminal antecedent of the petitioner, in the circumstances, this Court directs that in the event of her arrest or surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing of bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Simri Bakhtiyarpur @ Bakhtiyarpur P.S.

Patna High Court CR. MISC. No.74871 of 2022(2) dt.29-04-2023 3/3 Case No. 286 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajeev Ranjan Prasad, J) Rajeev/- U T