Maya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40303 of 2017 Arising Out of PS.Case No. -162 Year- 2017 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Maya Devi, W/o Bhagwat Prasad Nirala, R/o Village- Govindapur Bazar, P.S.- Harsidhi, District- East Chaparan.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Karandeep Kumar, Advocate For the informant : Mr. Abhishek Kumar, Advocate. For the Opposite Party/s : Mr. Kalyan Shankar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-11-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner apprehends her arrest in Harsidhi P.S. Case No. 162 of 2017 instituted for the offence under Sections 341, 447, 323, 324, 325m 379 and 504/34 of the Indian Penal Code. It has been submitted that petitioner is step mother-in-law of the informant. It has further been submitted that there is case and counter case between the parties in which both sides have sustained injuries. From the written report it appears that dispute arose for shop. The petitioner has filed Harsidhi P.S. Case No. 164 of 2017 against the informant and others.
Case diary has been received wherein the injury report of the informant of the instant case is available. The Doctor has found
Patna High Court Cr.Misc. No.40303 of 2017 (3) dt.08-11-2017 2/2 bruise and abrasion and all the injuries found on the person of the informant are simple in nature.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Harsidhi P.S. Case No. 162 of 2017, she shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) S.Ali/- U T