Kamla Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62108 of 2017 Arising Out of PS.Case No. -141 Year- 2011 Thana -WAJIRGANJ District- GAYA ====================================================== Kamla Devi W/o Jitendra Prasad Yadav @ Jitendra Kumar, R/o VillageBamandih, P.S.- Wazirganj, District- Gaya. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 22-12-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 341, 323, 324, 504, 506 and 379/34 of the Indian Penal Code. The prosecution case got initiated with written report of Rita Devi submitted to the Officer-in-Charge of Wazirganj Police Station, to the effect that on 05.07.2011 the mobile of Chanchala Devi, wife of Shiv Kumar Yadav fell down near the house of the informant at 8.00 A.M. for which she
Patna High Court Cr.Misc. No.62108 of 2017 (2) dt.22-12-2017 2/3 started abusing the informant. It is further alleged that when the informant enquired from Chanchala Devi why she is abusing her, she caught her hair and caused teeth bite on the left hand. Chanchala Devi also pulled the earring of the informant, causing injury to her ear, which resulted into oozing of blood. Thereafter, the sister-in-law of the informant, Urmila Devi came to her rescue, but she was also assaulted. The name of the petitioner and her husband sprang up in the protest petition. It is submitted by learned counsel for the petitioner that Chanchala Devi was released on bail and the petitioner stood as a bailor, hence, the informant has maliciously named the petitioner and her husband in the protest petition and considering this fact the husband of the petitioner has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 17.11.2017 passed in Cr. Misc. No. 54662 of 2017.
Considering the fact that the petitioner was not named in the FIR and subsequently her name sprang up on protest, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two
Patna High Court Cr.Misc. No.62108 of 2017 (2) dt.22-12-2017 3/3 sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Gaya in connection with Wazirganj P.S. Case No. 141 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T