Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24373 of 2019 Arising Out of PS. Case No.-253 Year-2018 Thana- MAHNAR District- Vaishali ====================================================== Shanti Devi, aged about 54 years (F) W/o Shankar Rai, Resident of VillageNarainpur Dedhpura, P.S.- Mahnar, District- Vaishali. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Subodh Kr. Jha, Mr. Pranav Kumar Jha, Advocates For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 302/ 34 of the Indian Penal Code registered in connection with Mahnar P.S. Case No. 253 of 2018.

3. It is submitted that the petitioner has been falsely implicated and there is delay of two days in instituting the first information report on 22.09.2018 for the alleged occurrence of 20.09.2018. It is submitted that in any event, the accusations of assault against the petitioner are general and omnibus in nature. The specific accusation of hitting the deceased in his stomach is against co-accused Chhatish Rai. The petitioner is a lady claiming clean antecedents.

4. Be that as it may, 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

Patna High Court CR. MISC. No.24373 of 2019(2) dt.22-04-2019 2/2 Additional Chief Judicial Magistrate, VI, Vaishali at Hajipur in connection with Mahnar P.S. Case No. 253 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with 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) That the petitioner shall be well represented in court on each and every date during trial as and when directed by the learned court to be physically present, 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. (iv) That 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.

BT/- (Vikash Jain, J) U T