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Patna High CourtCR. MISC./26539/2015bail granted

Kalawati Devi @ Sakhiwali v. The State Of Bihar

2015-07-03Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26539 of 2015 Arising Out of PS.Case No. -84 Year- 2015 Thana -RIGA District- SITAMARHI ======================================================

1. Kalawati Devi @ Sakhiwai W/o Jagdish Pandit, Resdient of VillageIjrahiya, P.S. Riga, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Sadanand Paswan (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-07-2015 Heard learned counsels for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 323, 325, 341, 504/34 of the Indian Penal Code and Section 3(1)(x) of the SC & ST (Prevention of Atrocities) Act. It is alleged against the petitioner that petitioner abused the informant by calling caste name and asked her to vacate the land in question whereas there is specific accusation against co-accused Jagdish Pandit to make assault.

It is submitted by learned counsel for the petitioner that accusation of assault is not against the petitioner and the accusation has been levelled in the background of land dispute. Moreover for the occurrence of 19.03.2015 the First Information Report was registered on

Patna High Court Cr.Misc. No.26539 of 2015 (2) dt.03-07-2015 2/2 02.04.2015.

Considering the delayed lodging of the case, there is no accusation of assault against the petitioner and petitioner being a lady, let the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory 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, Sitamarhi in connection with Riga P.S. Case No. 84 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T