Guriya Devi @ Priyanka Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2549 of 2017 Arising Out of PS.Case No. -201 Year- 2016 Thana -WARSALIGANJ District- NAWADA ====================================================== GURIYA DEVI @ PRIYANKA KUMARI, daughter of Prajapti Prasad @ Satyadeo Prasad, wife of Anand Kumar, resident of Village- Lodipur, P.S. Mehush, District- Sheikhpura.

.... .... Appellant

Versus

The State of Bihar .... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Deepak Kumar For the Respondent/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-08-2017 Heard learned counsel for the appellant and learned Special P.P. for the State.

This appeal has been filed for grant of pre-arrest bail in connection with Warisaliganj P.S.Case No. 201 of 2016 registered under Sections 147, 148, 149, 341, 323, 307, 504, 302 of the Indian Penal Code, 27 of the Arms Act and 3(ii)(v) of SC/ST Act, and for setting aside the impugned order dated 3.8.2017 passed by Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Nawada.

Appellant is not named in the FIR and it appears that during course of investigation the name of appellant transpires. Submission of learned counsel for the appellant is that appellant is a married lady and except her presence at the place of occurrence there is nothing against her.

Patna High Court CR. APP (SJ) No.2549 of 2017 (2) dt.31-08-2017 2/2 Learned Special P.P., who could not controvert the above submission.

Having heard both sides and in view of facts and circumstances, the appeal is allowed and the impugned order is set aside.

Let appellant, above named, surrender before the court of Special Judge within eight weeks and on her so surrendering she shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-Icum-Special Judge, Nawada, in connection with Warisaliganj P.S.Case No. 201 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions are that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, she shall co-operate in investigation of the case and appear before the Investigating Officer as and when required, failing which her bail bond shall be cancelled and she will not induce any witness or tamper with the evidence. (Vinod Kumar Sinha, J) spal/- U