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  5. September

Chand Muni Devi @ Chandramuni Devi @ Chandmuni Devi vs. the State of Bihar

Decided on 30 September 2024• Citation: CR. MISC./63948/2024• Patna High Court
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                             IN THE HIGH  COURT  OF JUDICATURE   AT PATNA           
                                  CRIMINAL MISCELLANEOUS No.63948 of 2024           
                              Arising Out of PS. Case No.-275 Year-2023 Thana- BIHIA District- Bhojpur
                          ======================================================    
                          Chand Muni Devi @ Chandramuni Devi @ Chandmuni Devi Wife of Deep
                          Narayan Yadav Resident of Village Chakarahi, P.S.- Bihiya, District-
                          Bhojpur(Arrah)                                            
                                                                  ... ... Petitioner/s
                                                 Versus                             
                          The State of Bihar                                        
                                                              ... ... Opposite Party/s
                          ======================================================    
                          Appearance :                                              
                          For the Petitioner : Mr. Chandan Kumar Verma, Advocate    
                          For the State  :    Mr. Shailendra Kumar Singh, APP       
                          ======================================================    
                          CORAM: HONOURABLE  MR. JUSTICE PRABHAT KUMAR  SINGH       
                                              ORAL ORDER                            
            2   30-09-2024         Heard learned counsels for the parties.          
                                   2. The petitioner apprehends her arrest in a case
                           registered for the offence punishable under Sections 341, 323,
                           307, 504, 379 and 34 of the Indian Penal Code.           
                                   3. As per prosecution case, all the F.I.R. named 
                           accused persons, including this petitioner, abused and assaulted
                           informant and also snatched away gold chain from neck of 
                           informant.                                               
                                   4. It is submitted by learned counsel appearing on
                           behalf of the petitioner that petitioner is innocent and has
                           committed no offence. From bare perusal of the F.I.R. it is
                           apparent that specific accusation of assault is against co-accused
                           Guddu Yadav. So far as this petitioner is concerned, there are

                     Patna High Court CR. MISC. No.63948 of 2024(2) dt.30-09-2024   
                                                2/2                                 
                           general and omnibus allegations and there is no specific 
                           accusation of overt act against this petitioner. Moreover, there is
                           case and counter-case between the parties.               
                                   5. Learned A.P.P. for the State has vehemently   
                           opposed the prayer for grant of anticipatory bail to the 
                           petitioner.                                              
                                   6. Considering the aforesaid facts and circumstances
                           of the case, nature of accusation and case and counter-case
                           between the parties, the prayer for grant of anticipatory bail to
                           the petitioner is allowed.                               
                                   7. Accordingly, in the event of arrest/surrender within
                           a period of eight weeks from today, let the above named  
                           petitioner be enlarged on bail on furnishing bail-bond of Rs.
                           10,000/- (ten thousand) with two sureties of the like amount
                           each to the satisfaction of learned Additional Chief Judicial
                           Magistrate-VII, Bhojpur at Arrah, in connection with Bihiya P.S.
                           Case No. 275 of 2023, subject to condition as laid down under
                           Section 438(2) of the Code of Criminal Procedure.        
                                         (Prabhat Kumar Singh, J)                   
            shashank/-                                                              
            U     T