Ramavati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24361 of 2019 Arising Out of PS. Case No.-403 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== Ramavati Devi, female, aged about 55 years, Wife of Ram Chandra Sah Resident of Village - Chuhari, P.S. - Chanpatia, District - West Champaran at Bettiah. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Jai Shankar Prasad, Ms. Sanjana, 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 498(A), 341, 323, 315 and 504/34 of the Indian Penal Code registered in connection with Chanpatia P.S. Case No. 403 of 2018.

3. It is submitted that the petitioner has been falsely implicated merely because she happens to be mother-in-law of the informant. The accusations of assault are general and omnibus in nature and in any event, the specific accusation of assault has been made against co-accused Anil Sah who is said to have assaulted the informant with leg in her abdomen. It is submitted that the present FIR has been filed only to put pressure upon the family members for partition of property in view of death of the informant's husband in an auto accident. The petitioner claims 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 Additional Chief Judicial Magistrate-V, Bettiah in connection with

Patna High Court CR. MISC. No.24361 of 2019(2) dt.22-04-2019 2/2 Chanpatia P.S. Case No. 403 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 except as and when directed by 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