Patna High CourtCR. MISC./13877/2024bail granted

Mamta Devi v. The State Of Bihar

2024-03-12Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13877 of 2024 Arising Out of PS. Case No.-208 Year-2023 Thana- PUNAURA District- Sitamarhi ====================================================== Mamta Devi W/o Ranjeet Mahto R/o Vill - Punaura Nuniya Tola, Ward No. 6, P.S. - Punaura, Dist. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-03-2024 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Punaura P.S. Case No. 208 of 2023 for the offence under sections 341, 323, 307, 326A, 326, 326B, 34 of the I.P.C. lodged on 19.08.2023 by the informant, Dinesh Mahto.

3. As per the prosecution story, the allegation is that due to quarrel between the children, the elders came in and this petitioner alonwith her husband caught hold of son of the informant whereafter Ranjeet Mahto poured acid. He was rushed to the Sadar Hospital, Sitamarhi and from there to PMCH, Patna. Accordingly, the FIR.

4. Learned counsel for the petitioner submits that the main allegation is against Ranjeet Mahto, who is in custody as

Patna High Court CR. MISC. No.13877 of 2024(2) dt.12-03-2024 2/3 narrated in paragraph 10 of the petition, only to implicate the family members, a role has been assigned to the lady.

5. Learned APP opposes the prayer.

6. Taking into account the aforesaid submissions put forward by the parties as also the fact that the Ranjeet Mahto is in custody, as stated, she is a lady and do not have criminal antecedent, this Court is inclined to extend her the privilege of anticipatory bail with conditions.

7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Punaura P.S. Case No. 208 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial Court itself;

Patna High Court CR. MISC. No.13877 of 2024(2) dt.12-03-2024 3/3 (iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. (Rajiv Roy, J) kiran/- U T