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Patna High CourtCR. MISC./42166/2017bail granted

Sudha Devi v. The State Of Bihar

2017-10-03Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42166 of 2017 Arising Out of PS.Case No. -141 Year- 2016 Thana -GANDHIMAIDAN District- PATNA ====================================================== Sudha Devi wife of Late Sushil Pandit, resident of village- Jat Dumri, P.S.- Punpun, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dronacharya, Advocate For the State : Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-10-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Gandhi Maidan P.S. Case No.141 of 2016 registered under sections 363 and 366A of the Indian Penal Code. It is contended by the learned counsel for the petitioner that though the alleged occurrence is said to have taken place on 21.04.2016, the first information report was instituted on 23.04.2016 and the victim herself stated in her statement made under Section 164 of the Code of Criminal Procedure (for short 'the CrPC') that she came to the police station after ten days of the occurrence, but her statement was recorded on 1st July, 2016. Learned counsel for the State has opposed the prayer for

Patna High Court Cr.Misc. No.42166 of 2017 (2) dt.03-10-2017 2/2 bail.

Considering the submissions made above and the statement made by the victim under Section 164 of the CrPC, the petitioner, namely, Sudha Devi, a widow having no criminal antecedent, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Miss Supriya Goswami, learned Judicial Magistrate, 1st Class, Patna in connection with Gandhi Maidan P.S. Case No.141 of 2016, subject to the conditions as laid down under Section 438(2) of the CrPC, in the event of arrest or surrender before the court below within six weeks from today. (Ashwani Kumar Singh, J) Md.S./- U T