Krishnawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80578 of 2018 Arising Out of PS. Case No.-208 Year-2018 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Krishnawati Devi Wife of Ashok Pandey Resident of village-Sahopara (Churamanpur), P.S. - Buxar (Industrial) , District- Buxar. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Bachan Jee Ojha, Advocate.

For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 366(A)/34 of the Indian Penal Code registered in connection with Buxar (Industrial) P.S. Case No. 208 of 2018.

3. It is submitted that the petitioner has been falsely implicated and the F.I.R. has been instituted in retaliation to an earlier petition filed by the present petitioner before the Superintendent of Police, Buxar on 09.03.2018. The versions in the F.I.R. and the statement of the victim recorded under Section 164 of Cr. P.C. are materially different such as the date of occurrence and the role assigned to the petitioner. The petitioner is a lady claiming clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above

Patna High Court Cr.Misc. No.80578 of 2018(2) dt.28-01-2019 2/2 named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar (Industrial) P.S. Case No. 208 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioner shall cooperate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Ibrar//- U T