Malti Devi @ Malti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47168 of 2014 Arising Out of PS.Case No. -21 Year- 2014 Thana -HATHUA District- GOPALGANJ ====================================================== Malti Devi @ Malti W/o Suraj Prasad R/o village - Bariraybhan, P.S. Hathua, District - Gopalganj .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satyendra Rai For the Opposite Party/s : Mr. Surendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 30-04-2015 Heard learned counsel for the parties.
Having regard to the nature of allegation for offence under Section 341, 323, 307, 504, 34 of the Indian Penal Code and that the main allegation of assault is against one Chandan Kumar, who is said to have caused grievous injury on the head of the Ranjan Kumar, the injured, and that the petitioner is a lady who also claims to have got no criminal antecedent, this Court would direct that if the petitioner, namely, Malti Devi @ Malti surrender before the court below within a period of four weeks from today, she shall 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 the Chief Judicial Magistrate, Gopalganj in connection with Hathua P.S. Case No. 21 of 2014 (G.R. No. 360
Patna High Court Cr.Misc. No.47168 of 2014 (2) dt.30-04-2015 of 2014), subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to following conditions:- (i) That the court below shall make verification of criminal antecedent of the petitioner and if it is found that she is accused in any other criminal case, she shall not be granted bail and would be taken into custody.
(ii) That both the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.
(iii) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the petitioner will give an undertaking that she will receive the police papers on the given date and be present on the date fixed for charge and if she fails to do so on two given dates and delays the trial in any manner, her bail will be liable to be cancelled for reasons of misuse.
(v) That the petitioner will be well represented on each
Patna High Court Cr.Misc. No.47168 of 2014 (2) dt.30-04-2015 and every date of trial and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled on this ground alone. (Mihir Kumar Jha, J) Rishi/- U T