Kanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13450 of 2019 Arising Out of PS. Case No.-564 Year-2018 Thana- MOHANIYA District- Kaimur (Bhabua) * ====================================================== Kanti Devi, wife of Raghubar Bind, Resident of Village - RasulpurKaramahari, Ward no 1, P.S.- Mohania, Distt.- Kaimur at Bhabua. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 307, 34 of the Indian Penal Code registered in connection with Mohania P.S. Case No. 564 of 2018, G.R. No.2372 of 2018.

3. It is submitted that the petitioner has been falsely implicated and no specific accusation of assault has been attributed to her. The parties are agnates and the occurrence resulted from a petty dispute. The injury is simple in nature. The petitioner is a lady and claims clean antecedent.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on provisional bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the

Patna High Court CR. MISC. No.13450 of 2019(2) dt.06-03-2019 2/2 satisfaction of learned Chief Judicial Magistrate, Kaimur, Bhabua in connection with Mohania P.S. Case No. 564 of 2018, G.R. No.2372 of 2018, subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) sanjeev/- U T