Kusum Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50519 of 2017 Arising Out of PS.Case No. -149 Year- 2017 Thana -AJAMNAGAR District- KATIHAR ====================================================== Kusum Devi, W/o Binod Mahaldar, R/o Village- Salmari Sombari Hat, P.S.- Azam Nagar, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate. For the Opposite Party/s : Mr. Lalan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Azam Nagar P.S. Case No. 149 of 2017 instituted for the offence under Sections 341, 323, 307, 379, 506, 504 and 34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that there is general and omnibus allegation against the petitioner that she pushed the wife of the informant on the ground and assaulted the mother-in-law of the informant with bricks. The learned Sessions Judge has mentioned in the impugned order that mother-in-law of the informant sustained three injuries on her head, which is simple in nature. Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.50519 of 2017 (2) dt.02-11-2017 2/2 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 Azam Nagar P.S. Case No. 149 of 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 learned Additional Chief Judicial Magistrate-VI, Katihar, subject to the conditions as laid down under Section 438 (2) 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 tampers 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) S.Ali/- U T