Kunti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29707 of 2019 Arising Out of PS. Case No.-78 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== KUNTI DEVI, Wife of Rameshwer Sah, Resident of Village - Purbi Kargahiya Tola, Lalunagar, P.S.- Bettah Muffasil, Distt - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for anticipatory bail, arises out of Bettiah Muffasil Police Station Case No. 78 of 2018, disclosing offences punishable under Sections 147, 149, 341, 323, 324, 380, 427, 448 and 506 of the Indian Penal Code. Learned Counsel, appearing on behalf of the petitioner, has submitted that there is general and omnibus allegation against all the accused persons, except the petitioner, who is female and allegedly she inflicted injury with fasuli on the neck of the informant.

Learned Counsel for the petitioner contends that no injury has, however, been reported and it is because of the

Patna High Court CR. MISC. No.29707 of 2019(2) dt.06-05-2019 2/2 enmity and rivalry that false case has been lodged. The petitioner is a lady and there is no likelihood of her fleeing from the course of investigation or trial.

Considering the facts and circumstances, as noted above, this application is allowed.

Let the petitioner, Kunti Devi, 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 the learned Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Bettiah Muffasil P.S. Case No. 78 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present herself before the Police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Ashish/RaginiU T