Patna High CourtCR. MISC./51962/2014bail granted

Beli Devi v. The State Of Bihar

2015-01-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51962 of 2014 Arising Out of PS.Case No. -316 Year- 2014 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Beli Devi, W/O Biga Sahani, Resident of Village - Teliya Tola Ratanmala, P.S. - Bagaha, District - West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prithvi Nath Mishra, Advocate. For the Opposite Party/s : Mr. Md. A.Haque Sahara (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-01-2015 Heard both sides.

The petitioner Beli Devi apprehends her arrest in Bagaha P.S. Case No. 316 of 2014, registered for the offences punishable under Section 307 and some other Sections of the Indian Penal Code.

Akbar Ansari the informant named the petitioner and other accused persons and made allegation that all the accused persons assaulted his wife Salmul Nisha. It is further alleged that Biga Sahni and Beli Devi the petitioner took away Rs. 5000/- from her house.

Learned counsel for the petitioner submits that the petitioner is a lady and there is no specific allegation of assault against her. The dispute arose on account of land dispute and the

Patna High Court Cr.Misc. No.51962 of 2014 (2) dt.06-01-2015 allegation of theft is ornamental.

Learned APP did not dispute the facts.

It appears that no specific allegation of assault is made against the petitioner Beli Devi even allegation of theft is made against Biga Sahni and the petitioner.

Considering the facts aforesaid, the petitioner above named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 the learned Additional Chief Judicial Magistrate, Bagaha (West Champaran) in connection with Bagaha P.S. Case No. 316 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T