Patna High CourtCR. MISC./27270/2020bail granted

Gita Devi v. The State Of Bihar

2020-11-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27270 of 2020 Arising Out of PS. Case No.-61 Year-2018 Thana- BHAWANIPUR District- Purnia ====================================================== Gita Devi Wife Of Babu Lal Mandal Resident Of Village - Bhawanipur Kemai, Ward No. 03, P.S.- Bhawanipur, District - Purnea. ... ... Petitioner/S

Versus

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

For the Petitioner :

Mr.Bijendra Kumar Singh, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-11-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor representing the State through video conferencing.

The petitioner apprehends arrest in a case registered for the offence punishable under sections 307/34 and other ancillary sections of the Indian Penal Code.

Prosecution's case, in brief, is that the petitioner and other accused persons, all named in the FIR, tied their cattle with the pillar (khunta) of the informant and on protest they assaulted the informant and his family members with lathi, danda, etc.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The instant case is counter case of Bhawanipur Police

Patna High Court CR. MISC. No.27270 of 2020(2) dt.06-11-2020 2/2 Station Case No. 51 of 2018 which was earlier lodged by the husband of the petitioner against the informant and his wife. FIR has been lodged after lapse of ten days without explanation of delay. Both sides sustained injuries. Petitioner has got no criminal antecedent.

In the facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender, let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Purnea in Bhawanipur Police Station Case No. 61 of 2018, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T