Nirsi Devi@Nirasi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40094 of 2018 Arising Out of PS.Case No. -74 Year- 2017 Thana -SAHIYARA District- SITAMARHI ====================================================== Nirsi Devi @ Nirasi Devi, wife of late Raghunath Rai, resident of villageTerhia Madhubani, P.S.- Sahiyara, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate. For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-07-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Sahiyara P.S. Case No. 74 of 2017 instituted for the offence under Sections 147, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code. It has been submitted that petitioner is widow. The instant case is counter blast of Sahiyara P.S. Case No. 72 of 2017 instituted on 5.5.2017 filed by the petitioner against the informant. In that case she along with her daughter sustained injury. In the instant case it is alleged that petitioner assaulted the informant with sword causing injury to him. The injury report has been enclosed as Annexure-4 which shows that only one injury has been found on the person of the informant and opinion has been kept reserved.

Patna High Court Cr.Misc. No.40094 of 2018 (3) dt.18-07-2018 2/2 Considering the facts and circumstances of the case, 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 Sahiyara P.S. Case No. 74 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 Chief Judicial Magistrate, Sitamarhi, 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 her absence on two consecutive dates without proper and reasonable reason will be liable to cancel her bail bond 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