Patna High CourtCR. MISC./57560/2018bail granted

Dharmshila Devi v. The State Of Bihar

2018-10-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57560 of 2018 Arising Out of PS.Case No. -78 Year- 2018 Thana -JALE District- DARBHANGA ====================================================== Dharmshila Devi W/o Shibun Mahto, R/o Vill.- Radhi, P.S.- Jelley, DistrictDarbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Iqbal Asif Niazi For the Opposite Party/s : Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections 147, 148, 149, 341, 342, 323, 325, 307, 302 of the Indian Penal Code.

The prosecution case, in brief, is that son of the brother of the informant threw stone pieces to tease accused side, and in retaliation, the accused persons threw the informant's brother on the ground and brutally assaulted him.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. No specific overt act has been attributed against the petitioner nor any specific

Patna High Court Cr.Misc. No.57560 of 2018 (3) dt.08-10-2018 injury has been attributed against him. General and omnibus allegation has been made against the petitioner. The petitioner is a lady. The other similarly situated co-accused namely, Rajo Devi has been granted anticipatory bail by this Court vide order dated 20-09-2018 passed in Cr. Misc. No. 57495 of 2018. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Darbhanga in connection with Jalley P.S. Case No. 78 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T