Soni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72946 of 2018 Arising Out of PS. Case No.-34 Year-2018 Thana- ASARGANJ District- Munger ====================================================== Soni Devi Wife of Kundan yadav Resident of Chourgaw (Purushottam Pur), P.S. Asarganj,Distt.-Munger ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Kamal Kishore Jha For the Opposite Party/s :

Mr. Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-12-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Asarganj P.S. Case No. 34 of 2018, disclosing offence under Sections 452, 302, 307, 324, 323, 147 and 379 of the Indian Penal Code.

Learned counsel appearing for the petitioner contends that there is specific allegation of attack against the co-accused Kundan Yadav and Chandan Yadav, who are said to have assaulted the deceased with Khanti and iron rods with an intention to kill. He submits that there is vague allegation of assault against this petitioner, who is wife of Kundan Yadav, who has been maliciously implicated in the criminal case. Upon perusal of the First Information Report, I find

Patna High Court Cr.Misc. No.72946 of 2018(2) dt.18-12-2018 2/2 the aforesaid submission to be correct. The allegation of overt act is against the said Kundan Yadav and Chandan Yadav even though there is no such specific allegation against this petitioner. Considering the above submissions and the fact that the petitioner is female, this application is allowed. The petitioner, above named, in the event of her arrest or surrender before the Court within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger, in connection with Asarganj P.S. Case No. 34 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present herself before the police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T