Anuradha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3492 of 2023 Arising Out of PS. Case No.-286 Year-2010 Thana- SARAIYA District- Muzaffarpur ====================================================== Anuradha Devi Wife Of Dilip Sah R/V- Bahilwara Govind, P.S- Saraiya, DistMuzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anish Kumar For the Opposite Party/s :
Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in Saraiya P.S. Case No. 286 of 2010 registered for the offences punishable under Sections 304(B) and 315 of the Indian Penal Code pending in the Court of learned Additional District and Sessions Judge-1, Muzaffarpur.
As per prosecution case, the informant alleged that all the accused persons including the petitioner set her ablaze by sprinkling the kerosene oil and during course of the treatment she died.
Learned counsel for the petitioner has submits that the petitioner has falsely been implicated in this case. He submits that the petitioner is the sister-in-law of the deceased
Patna High Court CR. MISC. No.3492 of 2023(4) dt.17-03-2023 2/2 and there is no specific over act against the petitioner. He further submits that there is no criminal antecedent against the petitioner as mentioned in para 3 of this application. Learned APP for the State opposes the bail petition and submits that specific overt act has been attributed against the petitioner. Hence, the petitioner does not deserve privilege of anticipatory bail.
Considering the facts and circumstances of case and the fact that there is specific overt act against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail in connection with Saraiya P.S. Case No. 286 of 2010. The prayer for anticipatory bail of the petitioner is hereby rejected.
(Anjani Kumar Sharan, J) anand/- U T