Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33532 of 2019 Arising Out of PS. Case No.-337 Year-2018 Thana- KHAJANCHI HAT District- Purnia ====================================================== SHANTI DEVI Wife of Sanjay Paswan Resident of Mohalla- Korathbari, P.S.- K.Hat, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-07-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of K. Hat (Madhubani) Police Station Case No. 337 of 2018, disclosing offences under Sections 147, 148, 149, 341, 342, 323, 379, 427, 504, 506 and 448 of the Indian Penal Code. The allegation against the petitioner is that she along with other accused persons have broken the boundary wall and taken away some materials viz, bricks, iron rod etc. It is further alleged that the petitioner along with others made a hutment over the informant's land.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as the petitioner after purchasing the land in question took physical

Patna High Court CR. MISC. No.33532 of 2019(2) dt.18-07-2019 2/3 possession over the same and after mutation and paying rent, they constructed hutment on their land. He further submits that similarly situated co-accused persons, namely, Mona Paswan and Soni Devi, have been granted anticipatory bail by order, dated 22.04.2019, passed in Criminal Misc. No. 25986 of 2019. After having heard learned Counsel for the parties and taking into consideration the fact that there appears to be land dispute between the parties and similarly situated co-accused persons have already been granted privilege of anticipatory bail, this application is allowed.

Let the petitioner, Shanti Devi, in the event of her arrest or surrender before the Court below within four 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 learned Chief Judicial Magistrate, Purnea, in connection with K. Hat (Madhubani) Police Station Case No. 337 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

Patna High Court CR. MISC. No.33532 of 2019(2) dt.18-07-2019 3/3 bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √