Jagiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7716 of 2016 Arising Out of PS.Case No. -18 Year- 2015 Thana -BAIRIYA DistrictWESTCHAMPARAN(BETTIAH) ===================================== Jagiya Devi, Wife of Jagjeevan Chaoudhary, resident of Village- Bhitaha P.S.- Bairiya, District West Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kr. Pandey, Adv. For the Opposite Party/s : Mr. Chandra Bhushan Pd. (APP) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-03-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Bairiya P.S. Case No.18 of 2015 (Tr. No.3665/2015), disclosing offences under Sections 147, 148, 149, 323, 324, 307 and 302/504 of the Indian Penal Code.

Learned counsel for the petitioner submits that on completion of investigation, the police submitted its report, whereby, other co-accused persons have been

sent up for trial, whereas, the present petitioner, who is a lady, has not been sent up, there being no evidence collected against her in course of investigation. He submits that since learned court below has taken cognizance and issued summons to the petitioner also, differing with the police report to the extent the police have found no material against the present petitioner, she apprehends her arrest.

Considering the fact that the investigation is complete and there is no apparent likelihood of the petitioner tampering with the evidence at the trial by influencing the witnesses, this application is allowed. Let the petitioner, abovenamed, 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Bettiah, West Champaran, in connection with Tr. No. 3665 of 2015 arising out of Bairiya P.S. Case No.18 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.) Praveen-II/- U T