Bibha Devi @ Bibha Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21097 of 2017 Arising Out of PS.Case No. -119 Year- 2015 Thana -MARANCHI District- PATNA ======================================================
1. Bibha Devi @ Bibha Kumari, D/o Late Garib Singh, W/o Shiv Shankar Pd. a resident of Village- Malpur, P.S.- Maranchi, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Kumar Mouar For the Opposite Party/s : Mr. M. Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 01-07-2017 Heard the Counsel for the petitioner and Mr. Dayal, APP, for the State.
Several persons including the petitioner were made accused in Maranchi P.S. Case No. 119 of 2015 registered under Section 147, 341, 323, 353, 307, 504 and 506 of the I.P.C. for having formed a mob and pelted stone on the police party. It is submitted that the petitioner, on consideration of her case, was granted the privilege of anticipatory bail by the learned Sessions Judge in February, 2016. However, due to compelling reason, she could not comply with the order and hence again moved the learned Sessions Judge for anticipatory bail which was rejected on 30.03.2017. It is submitted that no serious injury was caused to any police personnel. As the petitioner has defaulted in taking the privilege of anticipatory bail granted by the learned Court below, she would be ready and willing to deposit some
Patna High Court Cr.Misc. No.21097 of 2017 (2) dt.01-07-2017 2/2 amount in the office of the District Legal Services Authority if the Court grants her the privilege of anticipatory bail. Considering the facts and circumstances of the case, in the event of arrest or surrender in the Court below within three weeks, the petitioner abovenamed is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Deepak Kumar, Sub-Judge-IV-cum-A.C.J.M., Barh, in Maranchi P.S. Case No. 119 of 2015 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:
(i) One of the bailers shall be the own/close family members of the petitioner.
(ii) Along with the bail bond, the petitioner shall furnish the receipt showing deposit of a sum of Rs. 2,000/- (two thousand) with the District Legal Services Authority, Patna or enclose a demand draft in favour of the Secretary, District Legal Services Authority, Patna.
(Kishore Kumar Mandal, J) Pankaj/- U T