Patna High CourtCR. MISC./30645/2014bail granted

Birma Devi v. The State Of Bihar

2015-01-22Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.30645 of 2014 (2) dt.22-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30645 of 2014 Arising Out of PS.Case No. -116 Year- 2001 Thana -KATORIA District- BANKA ======================================================

1. Birma Devi Wife of Sukhdeo Das resident of village - Dhawa Kole, P.S. Katoria ( Suiya ), District - Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. U.L.Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends her arrest in connection with Katoria (Suiya) P.S. Case No. 116 of 2001 registered for the offences punishable under Sections 328, 302, 120B/34 of the Indian Penal Code.

At the very outset, it has been submitted that in this case the Police submitted final form vide annexure-2 in the year 2001 and after long lapse of time cognizance has been taken against the petitioner differing the final form and the petitioner got no knowledge about the order of cognizance and when she became aware, she approached for anticipatory bail before the learned Sessions Judge, Bhagalpur, and as such, the petitioner deserves

Patna High Court Cr.Misc. No.30645 of 2014 (2) dt.22-01-2015 sympathetic consideration.

Learned APP fairly concedes that vide annexure-2 final form was submitted against the petitioner. In the facts and circumstances stated above, the petitioner above named, in case of her surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Katoria (Suiya) P.S. Case No. 116 of 2001, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T