Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80513 of 2018 Arising Out of PS. Case No.-33 Year-2018 Thana- MAHILA P.S. DistrictSamastipur ====================================================== Usha Devi Wife of Lakshmi Das, Resident of Village - Ahmadpur, P.S. Sarairanjan, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan, Adv For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 315, 323, 341, 376, 379, 504 and 511 IPC registered in connection with Mahila P.S. Case No. 33 of 2018.

3. It is submitted that the petitioner has been falsely implicated and in any event the ingredients of Section 376 IPC are not made out against the petitioner who is a lady. The FIR has been instituted in retaliation to an earlier complaint filed by the petitioner on 30.06.2018 (Annexure-2). The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances, 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 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 ACJM II, Samastipur in connection with Mahila P.S. Case No. 33 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

Patna High Court Cr.Misc. No.80513 of 2018(2) dt.17-01-2019 2/2 (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) That the petitioner shall co-operate 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 remain physically present 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) Chandran/- U T