Shobha Devi @ Shobha Kuwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57114 of 2015 Arising Out of PS.Case No. -249 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Shobha Devi @ Shobha Kuwar wife of Late Harilal Prasad Shrivastava @ Late Harilal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Harendra Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-12-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 188 and 353 of the Indian Penal Code.

The prosecution case is that the informant being the Revenue Karmchari, Turkaulia Anchal has alleged that on 20.03.2015 at about 03.00 pm he along with Anchal Amin and local villagers had gone for measurement of the land under Khata No.62, Khesra Nos.1217 and 1219 which has been settled in favour of Gandhi Ashram. During course of measurement, the petitioner and others caused hindrance in discharging official duties of informant and others.

It is submitted by learned counsel for the petitioner that the petitioner never obstructed the informant and others but since

Patna High Court Cr.Misc. No.57114 of 2015 (2) dt.18-12-2015 2/2 the petitioner's land is adjacent to the land, in question and the land of petitioner was also being measured by the informant, the protest was made, hence, the accusation has been levelled. Moreover, the petitioner is a widow lady, 65 years old and a statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, East Champaran at Motihari in connection with Turkaulia P.S. Case No.249/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T