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Patna High CourtCR. MISC./39780/2017bail granted

Sulekha Devi v. The State Of Bihar

2017-09-11Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39780 of 2017 Arising Out of PS.Case No. -236 Year- 2016 Thana -RAJAUN District- BANKA ======================================================

1. Sulekha Devi, wife of Chhatish Panjiyara, resident of Village- Naripa, P.S.- Rajaun, District- Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vibhakar Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 11-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends her arrest in Rajaun P.S. Case No.236 of 2016 instituted for the offence under Section(s) 341, 323, 379, 504, 308/34 Indian Penal Code.

It has been submitted that there is general and omnibus allegation that the petitioner along with other accused persons came at the door of the informant and started abusing and assaulting with lathi and Khanti. It has further been submitted that there is case and counter case between the parties. Coaccused, Vijay Panjiyara, has lodged First Information Report against the informant of the instant case vide Rajoun P.S. Case No.235 of 2016.

Injury report of the informant is annexed as Annexure-2, which shows that all the injuries found on the

Patna High Court Cr.Misc. No.39780 of 2017 (3) dt.11-09-2017 2/2 person of the informant was simple in nature caused by hard and blunt substance.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Rajaun P.S. Case No.236 of 2016, she shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) JA/- U T