IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41539 of 2009 MANOJ DEVI, WIFE OF RAMANAND SAO, RESIDENT OF VILLAGE MAHARAJ BIGHA, P.S. KHIZER SARAI, DISTRICT GAYA ------- PETITIONER Versus THE STATE OF BIHAR ------ OPPOSITE PARTY ----------- 2 9.3.2010 Heard learned Counsel for the petitioner and the counsel appearing on behalf of the informant. Petitioner is apprehending her arrest in a case under Section 436 of the Indian Penal Code. An occurrence took place on 26.4.2009 in which it is said that the house of Girija Devi and her Pilani was set on fire which resulted in the death of some animals. There is another version to the occurrence in which Sahindra Sao has stated that that the named accused persons set fire to the house and the field of Ramanand Sao. Counsel for the informant argues that the case filed by Sahindra Sao is antedated inasmuch as the occurrence has taken place on 27.4.2009 and the case filed on 26.4.2009 and registered on 26.4.2009 which according to the informant is antedated. Counsel for the informant also submits that this High Court has noticed this aspect of the matter and rejected the regular bail application of Sahindra Sao vide Cr. Misc. No. 42212 of 2009 dated 3.12.2009. Counsel for the petitioner submits that the present case i.e. Khizer Sarai P.S. Case No. 60 of 2009 was instituted on 28.4.2009 with respect to an occurrence which took place on 27.4.2009. It has been stated that when the villagers were trying to douse fire, Sahindra Sao is said to have lodged a criminal case on 27.4.2009. It appears that the informant admits that the case was instituted on 27.4.2009 before the present case was instituted by Sahindra Sao. Therefore, it is submitted that the date of institution is merely a typing mistake, there was no intention to mislead the Court. As far as this petitioner is concerned, she being a lady seems to have been pulled into this case as it is said that the house of Ramanand Sao was set on fire by the accused in Khizer Sarai P.S. Case No. 59 of 2009 by Raj Kumar Sao, Arjun Sao, Saryu Sao and Hari Sao. Be that as it may, petitioner Manoj Devi, W/o Ramanand Sao is directed to be released on anticipatory bail in the event of her arrest or surrender within a period of six weeks in connection with Khizer Sarai P.S. Case No. 60 of 2009 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya subject to the conditions laid down under Section 438(2) of the Cr.P.C. Sanjay ( Sheema Ali Khan, j.)