Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5426 of 2016 Arising Out of PS.Case No. -37 Year- 2015 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Shanti Devi Wife of Ram Chandra Rai Resident of village - Sirauli, P.S. Madhuban, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar Roy-1, Advocate For the Opposite Party/s : Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-03-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Madhuban Police Station Case No. 37 of 2015, disclosing offences under Section 302/34 of the Indian Penal Code.

The petitioner is a lady and is mother of coaccused Sunil Rai. From the First Information Report, I find that there is specific allegation of assault against all the accused persons including the present petitioner.

Learned Counsel for the petitioner submits that the entire family of the petitioner has been implicated because of a land dispute. He submits that the manner, in

Patna High Court Cr.Misc. No.5426 of 2016 (2) dt.10-03-2016 2/2 which the petitioner, who is an old lady, has been implicated, creates serious doubt over the case of the prosecution.

Only on the ground that the petitioner is a lady, this application is allowed.

Let the petitioner, Shanti Devi, in the event of her arrest or surrender before the Court below within six weeks, 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 learned Sub Divisional Judicial Magistrate, Sikarhana, in connection with Madhuban Police Station Case No. 37 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present herself before the police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √