Patna High CourtCR. MISC./38261/2017allowed

Nibha Devi v. The State Of Bihar

2017-09-12Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.38261 of 2017 (3) dt.12-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38261 of 2017 Arising Out of PS.Case No. -369 Year- 2017 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Nibha Devi W/o Ashok Chaudhary, R/o Village- Durgapur, P.S.- Muffasil, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 12-09-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Khagaria (Muffasil) Police Station Case No. 369 of 2017, G.R. No. 1557 of 2017 disclosing offences under Sections 341, 323, 307, 302/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that there is general and omnibus allegation against this petitioner and no specific overt act is attributed to him. The main allegation of assault by iron rod on the backside of the head of the informant is attributed to co-accused Rinku Kumar and Tinku Kumar. As a matter of fact, there was land dispute between the parties and on account of that free fight took place

Patna High Court Cr.Misc. No.38261 of 2017 (3) dt.12-09-2017 between them and the informant sustained only one injury. Hence, the petitioner, who is a lady, deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of her 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, Khagaria, in connection with Khagaria Muffasil Police Station Case No. 369 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T