Manju Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19983 of 2024 Arising Out of PS. Case No.-578 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== MANJU DEVI Wife of Vijay Yadav Resident of Village-Jehaldih, Babhandewa, Post-Babhandev, P.S.-Barachatti, Dist.-Gaya, Bihar-824201 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anmol Kumar, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-04-2024 Heard Anmol Kumar, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP for the State.
2. The petitioner is apprehending arrest in connection with Barachatti P.S. Case No. 578 of 2023 instituted under Sections 341, 323, 379, 325, 307, 504, 506, 34 of the Indian Penal Code lodged on 16.6.2023 by the informant, Tetri Devi.
3. As per the prosecution story, the allegation is that one Kishori Yadav entered the shop of the informant and kept a bundle of note around her. Upon protest, other accused persons came and assaulted her. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that there is case and counter case, the case of the petitioner being earlier one, the injuries have been found to be simple in nature
Patna High Court CR. MISC. No.19983 of 2024(2) dt.02-04-2024 2/3 and further the petitioner is a lady having no criminal antecedent.
5. Learned APP opposes the prayer stating that there is allegation of assault on the accused persons.
6. Considering the aforesaid fact as also that the main allegation is against Kishori Yadav, the petitioner is a lady having no criminal antecedent, omnibus allegation is there, this Court is inclined to extend her privilege of anticipatory bail.
7. Let the petitioner be released on bail, in the event of her arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Barachatti P.S. Case No. 578 of 2023 to the satisfaction of learned ACJM-IInd, Sherghati, Gaya subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her
Patna High Court CR. MISC. No.19983 of 2024(2) dt.02-04-2024 3/3 bail bond by the Trial Court itself;
(iii) the petitioner shall co-operate in the investigation and make herself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. (Rajiv Roy, J) Ravi/- U T