Patna High CourtCR. MISC./50172/2016bail granted

Mosmat Sumitra Devi @ Sumitra Devi v. The State Of Bihar

2016-11-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50172 of 2016 Arising Out of PS.Case No. -106 Year- 2016 Thana -ALAMNAGAR District- MADHEPURA ====================================================== Mosmat Sumitra Devi @ Sumitra Devi wife of Late Gurucharan Mandal, resident of village Alamnagar, Shankanti Tola, P.S. Alamnagar, District Mahdepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s : Smt. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 354(B) and 379/34 of the Indian Penal Code and Section 3⁄4 of Daain Act. The prosecution case, in brief, is that the accused persons including the petitioner have tortured the informant in different manner accusing her as Daain. They have also abused and assaulted the informant with legs, fists and slaps. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The petitioner is the mother-in-law of the informant. Due to certain

Patna High Court Cr.Misc. No.50172 of 2016 (2) dt.23-11-2016 2/2 family dispute she has been made accused in the present case. There is no substantive evidence to suggest her implication in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Udakishunganj, Madhepura in connection with Alamnagar P.S. case No.106 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T