Indu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36176 of 2016 Arising Out of PS.Case No. -147 Year- 2016 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ====================================================== Indu Devi Wife of Jai Prakash Yadav, Resident of village - Kichni, P.S. Harnaut, District - Nalanda .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ansul, Mr. Anuj Kumar, Advocates For the Opposite Party: Mr. Jitendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-09-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 147, 148, 149, 171(C), 171(E), 188, 341, 342, 323, 332, 333, 337, 338, 307, 353 and 395 of the Indian Penal Code, Section 27 of the Arms Act and Section 130 of the Bihar Panchayat Raj Act, 2006 registered in connection with Harnaut P.S. Case No. 147 of 2016.

3. It is submitted that the petitioner has been falsely implicated and even according to the FIR there is nothing to indicate that the petitioner was present at the place of occurrence and the alleged occurrence said to have transpired between the supporters of the petitioner and that of a rival candidate Chamcham Devi. Petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be

Patna High Court Cr.Misc. No.36176 of 2016 (2) dt.06-09-2016 2/2 released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Harnaut P.S. Case No. 147 of 2016, subject to the conditions as laid down under Section 438 (2) Cr.P.C. with following conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall cooperate with the investigation and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iii) That the petitioner will be well represented on each and every date and if she fails to do so on two consecutive dates without sufficient reason, her bail bond will be liable to be cancelled by the Court concerned.

(Vikash Jain, J) B.T/-Ibrar U T