Sima Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40910 of 2017 Arising Out of PS.Case No. -368 Year- 2017 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================

1. Sima Devi, W/o Ghanshyam Kumar, Resident of Village-Khirdar Chawk, Police Station-Rahui, District-Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-09-2017 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends her arrest in Bihar P.S. Case No. 368/2017 instituted for the offences under Sections 341, 323, 504, 506, 379 and 308/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the injury sustained by the injured persons are simple in nature. There is allegation in the written report that the petitioner and other accused assaulted the informant and his father with stone after wrapping the same in the Gamchha. The injury report has been annexed as Annexure-2, wherein, it has been mentioned that the injury found on both the persons are simple in nature. Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.40910 of 2017 (2) dt.04-09-2017 2/2 the 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 Bihar P.S. Case No. 368/2017, 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 the learned Chief Judicial Magistrate, Nalanda at Biharsharif, subject to the conditions as laid down under Section 438(2) of the 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 tamper 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.)