Bhikhainiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10103 of 2016 Arising Out of PS.Case No. -63 Year- 2015 Thana -SC/ST PS DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Bhikhainiya Devi W/o Bilash Sahani resident of Village - Baisaha, P.S. - Chakiya, District - East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. Ambika Bhagat (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 10-03-2016 Heard learned counsel for the petitioner and counsel for the State.

The petitioner is apprehending her arrest in connection with Motihari SC/ST (Chakia) P.S. Case No. 63 of 2015 for offence under Sections 147, 148, 447, 354, 323, 379 of the Indian Penal Code and Section 3(i)(x)(xi) of the SC/ST Act. As per allegation made by the Informant, the petitioner and others accused persons came at her door and started abusing and assaulted her and also further allegation has been made that her gold necklace worth Rs. 15,000/- has been taken away by them and also tried to outrage the modesty of the Informant.

Learned counsel for the petitioner submits that there is

Patna High Court Cr.Misc. No.10103 of 2016 (2) dt.10-03-2016 no specific allegation against the petitioner and the accused person, namely, Saroj Rai has been granted bail by order dated 2.12.2015 in Cr. Misc. No. 54648 of 2015. Other accused persons, namely, Prem Sahani, Bilash Sahani, Mani Devi, Sita Devi and Mithi Kumari have also been granted bail by order dated 1.2.2016 in Cr. Misc. No. 58296 of 2015.

Looking to the entire facts and circumstances of the case, let the petitioner, namely, Bhikhainiya Devi, in the event of her arrest or surrender before the court below within a period of four 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 Chief Judicial Magistrate, Motihari in connection with SC/ST (Chakia) P.S. Case No. 63 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shivaji Pandey, J) Rishi/- U T