Patna High CourtCR. MISC./9869/2017allowed

Apna Raj @ Moshmi Kumari v. The State Of Bihar

2017-04-21Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.9869 of 2017 (3) dt.21-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9869 of 2017 Arising Out of PS.Case No. -94 Year- 2011 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. Apna Raj @ Moshmi Kumari, Wife of Dilip Kumar Yadav, Resident of village - Bhavtiya, P.S. Sour Bazar, Distt. - Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-04-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Sour Bazar Police Station Case No. 94 of 2011, disclosing offences under Sections 147, 148, 149, 323, 307, 353, 448, 427, 379, 171(D), 171(F) of the Indian Penal Code and 27 of the Arms Act and Section 135, 136 of the R.P. Act. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner has not been named in the F.I.R. but the petitioner has been made accused in this case due to enmity. Neither any one has sustained injury nor anything incriminating has been recovered from the conscious

Patna High Court Cr.Misc. No.9869 of 2017 (3) dt.21-04-2017 possession of the petitioner. Hence, the petitioner also deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender before the Court below within six weeks, 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 learned Chief Judicial Magistrate, Saharsa, in connection with Sour Bazar Police Station Case No. 94 of 2011, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T