Guddi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14589 of 2016 Arising Out of PS.Case No. -174 Year- 2015 Thana -BARARI District- KATIHAR ======================================================

1. Guddi Devi, Wife of Sunil Yadav, Resident of Village- Pothia, Police Station- Falka, District- Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jibendra Mishra For the Opposite Party/s : Mr. Arvind Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-04-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Barari Police Station Case No. 174 of 2015, disclosing offences under Sections 324, 326, 307B of the Indian Penal Code and Section 27 of the Arms Act. The petitioner is a lady and, admittedly, niece of the informant. One Chandan Kumar Yadav, who is the witness to the First Information Report, is the step-brother of the present petitioner.

Learned Counsel appearing on behalf of the petitioner has submitted that because of land dispute between the petitioner and her step-brother, Chandan Kumar Yadav, the petitioner has been falsely implicated in the present case. He submits that in any event, there is no

Patna High Court Cr.Misc. No.14589 of 2016 (2) dt.21-04-2016 2/2 chance of the petitioner tampering with the evidence. There is no allegation of assault made against this petitioner. Considering the submission, as above, this application is allowed.

Let the petitioner, Guddi 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 Additional Chief Judicial Magistrate V, Katihar, in connection with Barari Police Station Case No. 174 of 2015, 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 bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √