Patna High CourtCR. MISC./18868/2016bail granted

Munni Devi v. The State Of Bihar

2016-06-22Mr. Justice Chakradhari Sharan Singh2 pages

Patna High Court Cr.Misc. No.18868 of 2016 (4) dt.22-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18868 of 2016 Arising Out of PS.Case No. -165 Year- 2015 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Munni Devi Wife of Sri Shambhu Ram Resident of village - Dharampura ( Lodipur ), P.S. Sheikhpura ( Hathiyama O.P. ), District - Sheikhpura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bipin Kumar For the Opposite Party/s : Mr. R.B.Ray Raman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-06-2016 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Sheikhpura (Hathiyama O.P.) P.S. Case No. 165 of 2015, disclosing offences under Sections 147, 148,149,341,323,307, 379, 504 of the Indian Penal Code.

From the First Information Report, it appears that the buffalo of the petitioner scattered the bricks of the informant, as a result of which a quarrel took place. It is alleged against the petitioner that she assaulted the informant on his head with chopper (Ganrasa). Learned counsel appearing on behalf of the petitioner had submitted that even if the allegation as contained in the First Information Report is taken to be true, the alleged occurrence took

Patna High Court Cr.Misc. No.18868 of 2016 (4) dt.22-06-2016 place at the spur of the moment. There is nothing to show that the petitioner had any intention to kill the informant. The petitioner and the informant are next door neighbours.

Considering the above, this application is allowed. Let the petitioner above-named in the event of her arrest/surrender within four weeks from today in the court below 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, Sheikhpura in connection with Sheikhpura ( Hathiyama O.P.) P.S. Case No. 165 of 2015, subject to the conditions as 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) ArunKumar/- U