Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48 of 2023 Arising Out of PS. Case No.-351 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Anita Devi Wife of Sri Shankar Yadav, R/O Vill.- Tilkeshwar, P.S.- Kusheshwar Asthan, Distt.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No 13, Advocate Mr. Rohit Kumar, Advocate For the Opposite Party/s :

Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 13-03-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Kusheshwar Asthan P.S. Case No. 351 of 2022 registered for the offences punishable under Section 302/34 of the Indian Penal Code & Section 27 of the Arms Act.

As per the prosecution, the informant alleged that this petitioner along with other accused persons arrived at the alleged place and opened fire haphazardly due to which the informant's son was killed.

Patna High Court CR. MISC. No.48 of 2023(2) dt.13-03-2023 2/3 The main submissions advanced by the learned counsel for the petitioner are that the petitioner who is a woman, has been languishing in jail since 09.10.2022 and against her there is no criminal antecedent and in the FIR any specific role of the petitioner in the alleged offence has not been revealed and and altogether 15 named accused persons including the petitioner and some unknown persons were alleged to have committed the alleged occurrence and the specific allegation of committing murder of the informant's son is against the coaccused persons namely, Shankar Yadav and Khalak Yadav. Learned APP appearing for the State has opposed the bail prayer.

In view of the facts, as stated above and mainly considering the facts that the petitioner is a woman and in the FIR there is no specific allegation against her and several persons named in the FIR and some unknown persons were alleged to have committed the alleged occurrence, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Kusheshwar Asthan P.S.

Patna High Court CR. MISC. No.48 of 2023(2) dt.13-03-2023 3/3 Case No. 351 of 2022.

(Shailendra Singh, J) Rajiv/- U T