Nisha Gupta v. The State Of Bihar

Patna High Court Cr.Misc. No.35523 of 2017 (4) dt.13-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35523 of 2017 Arising Out of PS.Case No. -67 Year- 2017 Thana -GAYA KOTWALI District- GAYA ======================================================

1. Nisha Gupta W/o Om Prakash Gupta, R/o Mohalla- Dhami Tola, P.S.- Kotwali, District- Gaya presently residing at Mohalla- Airbase Colony, 3/2 Basant Bihar, P.S.- Sonari, District- Jamshedpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashhar Mustafa, Advocate For the Opposite Party/s : Mr. Sri Braj Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-09-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Kotwali Police Station Case No. 67 of 2017, disclosing offences under Sections 302 and 34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner happens to be a lady teacher and she resides at Jamshedpur in her sasural, therefore, she has no concern about the alleged occurrence and she has been made accused in this case merely on the basis of suspicion. Moreover, the petitioner has already instituted an F.I.R. being Kotwali P.S. Case No. 66 of 2017, annexure-2,

Patna High Court Cr.Misc. No.35523 of 2017 (4) dt.13-09-2017 stating that her brother along with his wife always used to assault her mother, who is said to have committed suicide. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Chief Judicial Magistrate, Gaya, in connection with Police Station Case No. 67 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J) Brajesh/- U T