Smt. Pushpa Singh @ Pushpa Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35064 of 2017 Arising Out of PS.Case No. -99 Year- 2017 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Smt. Pushpa Singh @ Pushpa Singh W/o Praveen Kumar Singh R/o Ward No. 9 Chakia, P.S. Chakia, District - East Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manish Kumar -3, Advocate For the Opposite Party/s : Mr. Sri S. Ehteshamuddin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner, apprehending her arrest in connection with Chakia P.S. Case No. 99 of 2017 registered for the offences punishable under Sections 341, 323, 504, 427 and 353/34 of the Indian Penal Code, seeks the privilege of pre-arrest bail. Allegedly, when authorities of Nagar Panchayat came and removed the encroachment, the petitioner, her husband and devar had obstructed the work of removing encroachment and they misbehaved with them.

Submission is of false implication and prior to encroachment no notice was given to them and First Information Report itself shows that after the occurrence notice was given. The dispute was settled but in spite of that the present case has been

Patna High Court Cr.Misc. No.35064 of 2017 (2) dt.10-08-2017 2/2 filed. The petitioner has got no criminal antecedent. The husband and devar of the petitioner have already been allowed pre-arrest bail vide Criminal Miscellaneous No. 33580 of 2017 by order dated 20.07.2017 and, as such, the petitioner also deserves sympathetic consideration.

The learned A.P.P. fairly submits that the other coaccused have already been allowed pre-arrest bail. In the facts and circumstances as stated above, the petitioner, in case of her arrest or surrender within four weeks from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Chakia P.S. Case No. 99 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Jitendra Mohan Sharma, J) Vats/- U T