Patna High CourtCR. MISC./61062/2017bail granted

Misha Bharti v. The State Of Bihar

2017-12-19Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61062 of 2017 Arising Out of PS.Case No. -336 Year- 2017 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Misha Bharti, D/o Sailesh KUmar Diwakar, R/-Village-Kirathpur Rajaram, P.S.-Bhagwanpur, District-Vaishali.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Pranav Kumar Mr. Rajeev Ranjan No.I For the Opposite Party : Mr. Smt Sangeeta Sharma For the Informant : Mr. Madanjeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 19-12-2017 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Hajipur Sadar PS Case No. 336 of 2017 registered under Sections 147, 148, 149, 341, 447, 323, 307, 302, 504, 506 and 120B of the IPC. The allegation in brief is that when the informant's brother went to a piece of land for physical verification then all the accused persons turned up and on the exhortation given by Jay Prakash |Rai all the accused persons indiscriminately assaulted him as a result of which the informant's brother succumbed to the injury while being taken for treatment.

Learned Counsel for the petitioner submits that the petitioner is a 19 years old girl, there is no specific allegation of assault against her and in fact there was no eye witness to the occurrence as in the subsequent statement given by the informant he has changed the place of occurrence and the petitioner has clean antecedent. The petitioner is in custody since 15.7.2017 and the police has submitted charge-sheet.

Patna High Court Cr.Misc. No.61062 of 2017 (2) dt.19-12-2017 Learned Counsel appearing on behalf of the informant vehemently opposed the prayer of bail of the petitioner stating that she is named in the FIR and apprehended on the spot. Having considered the said facts and circumstances, the petitioner, namely, Misha Bharti is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM Vaishali at Hajipur in connection with Hajipur Sadar PS Case No. 336 of 2017.

(Arun Kumar, J.) Snkumar/- U T