Patna High CourtCR. MISC./56049/2015bail granted

Anita Devi v. The State Of Bihar

2015-12-15Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56049 of 2015 Arising Out of PS.Case No. -337 Year- 2015 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Anita Devi wife of Anil Choudhary, resident of village - Upraul, P.S. - Saraiya, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashank Shekhar, Advocate For the Opposite Party/s : Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 15-12-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Saraiya P.S. Case No.337 of 2015 registered under Sections 363 and 365/34 of the Indian Penal Code.

It is contended that immediately after lodging the first information report the police requested the informant to produce the girl for recording the statement under section 164 of the Code of Criminal Procedure but the informant refused to produce his daughter before the court. Later on, after twenty days her statement was recorded under section 164 Cr. P.C. by a Judicial Magistrate on 17th October, 2015. It is further contended that the case has been instituted only in order to grab the landed property

Patna High Court Cr.Misc. No.56049 of 2015 (2) dt.15-12-2015 2/2 of the petitioner. It is contended that the petitioner has got roots in the society and is not likely to abscond or tamper with the evidence.

Regard being had to the facts and circumstances of the case, the above named petitioner is directed to 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 learned SubDivisional Judicial Magistrate, West Muzaffarpur in connection with Saraiya P.S. Case No.337 of 2015.

(Ashwani Kumar Singh, J) Md.S./- U T