Nilu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40349 of 2019 Arising Out of PS. Case No.-117 Year-2019 Thana- KOILWAR District- Bhojpur ====================================================== Nilu Devi W/o Pritam Narayan Singh, Resident of Village-Dumaria P.SKoilwar, District-Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Koilwar P.S. Case No. 117 of 2019 registered for offence punishable under sections 341, 323, 307, 379, 354(A), 354(B)/34 of the Indian Penal Code. Allegation has been made, on 05.04.2019, when the husband of informant came out from his house for going to Koilwar, the petitioner along with her husband ambushed, put the chilly powder in his eyes and the petitioner caught hold his waist whereafter the husband and son of the petitioner assaulted the husband of informant mercilessly. The order sheet shows that from earlier, there is a litigation between the parties, on that account, the incident has taken place.

Patna High Court CR. MISC. No.40349 of 2019(2) dt.02-07-2019 2/2 The learned counsel for the petitioner submits that they are agnate and the dispute arose on account of construction of drain which led to altercation. There is only allegation against this petitioner to have caught hold the waist. Looking to the nature of allegation and the petitioner being a female, this Court is inclined to grant bail to the petitioner. Let the petitioner, in the event of arrest or surrender before the court below within six weeks from today, be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in connection with Koilwar P.S. Case No. 117 of 2019, subject to the conditions as laid down under section 438 Cr.

PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make herself available as and when required by the court.

Mahesh/- (Shivaji Pandey, J) U T