Dharmi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 8451 of 2020 Arising Out of PS. Case No.-85 Year-2019 Thana- CHANDAN District- Banka ====================================================== DHARMI DEVI Wife of Dinesh Yadav Resident of Village - Ghonghadabar, P.S.- Chandan, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Ms Meena Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner apprehends arrest in connection with Chandan Police Station (for brevity, PS) Case No 85 of 2019 dated 13.05.2019 instituted for the offence punishable under Section(s) 341, 323, 307, 427, 337, 338, 504, 506/34 of Indian Penal Code.

While Samod Kumar and Dashrath Kumar were monitoring some agricultural activities in their field, it is alleged that they have been assaulted by some persons including the petitioner. It is submitted by petitioner's counsel that the petitioner is having no criminal antecedent. She is a female and has falsely been implicated in view of the subsisting land

Patna High Court CR. MISC. No.8451 of 2020(2) dt.02-03-2020 2/3 dispute between the parties who are agnates. It is further submitted that the injuries, as per the injury report, cannot be fastened on the petitioner as there is no allegation as to who has assaulted at the place on which the doctor has found the injuries. The learned APP for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts, prayer of petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, before the Court below, within four (04) weeks from today, she shall be released on bail on her furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in Chandan PS Case No 85 of 2019 subject to the conditions as laid down under Section 438 (2) of Criminal Procedure Code and also the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and

Patna High Court CR. MISC. No.8451 of 2020(2) dt.02-03-2020 3/3 if she fails to do so on two consecutive dates, her bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T