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Patna High CourtCR. MISC./5394/2016bail granted

Ishrawati Kumari @ Ishrawati Kumar v. The State Of Bihar

2016-03-11Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5394 of 2016 Arising Out of PS.Case No. -163 Year- 2014 Thana -DHANAHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ishrawati Kumari @ Ishrawati Kumar, Daughter of Jagarnath Chaurasia, Resident of Village- Ramnagari, Police Station- Dhanaha, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Parmanand Kumar For the Opposite Party/s : Mr. Madhuranand Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-03-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Dhanaha Police Station Case No. 163 of 2014, disclosing offences under Sections 147, 148, 149, 341, 323, 324, 307, 504 and 302 of the Indian Penal Code. The petitioner is an unmarried girl.

Learned Counsel for the petitioner, drawing my attention to the allegation contained in the First Information Report, has submitted that there is no specific allegation of assault against the petitioner. In the First Information Report, 14 persons have been named, who are said to have assaulted the deceased, informant and others.

Patna High Court Cr.Misc. No.5394 of 2016 (2) dt.11-03-2016 2/2 Considering the fact that the petitioner is an unmarried girl and there is no likelihood of her tampering with the evidence or fleeing from the course of trial, this application is allowed.

Let the petitioner, Ishrawati Kumari @ Ishrawati Kumar, in the event of her arrest or surrender before the Court below within six weeks from today, 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 Additional Sessions Judge III, Bagaha, in connection with Dhanaha Police Station Case No. 163 of 2014, 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 √