Patna High CourtCR. MISC./3186/2017bail granted

Sunaina Devi v. The State Of Bihar

2017-03-07Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3186 of 2017 Arising Out of PS.Case No. -384 Year- 2016 Thana -UDWANTNAGAR District- BHOJPUR ======================================================

1. Sunaina Devi, wife of Surendra Sah, resident of village- Chhotaki Sasaram , P.S. Udwant, Nagar, District Bhojpur at Ara (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Binod Kumar 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 07-03-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends her arrest in Udwant Nagar (Gajrajganj) P.S. Case No.384 of 2016 instituted for the offence under Section(s) 341, 323, 436, 504/34 Indian Penal Code.

It is alleged in the written report that on account of altercation for taking water from tube-well, this petitioner set on fire the hut of the informant due to which bed, colour TV etc. were burnt.

Case diary has been received.

The learned APP has submitted that place of occurrence has been described in para 3, wherein, it has been mentioned that house of both informant and petitioner was joint

Patna High Court Cr.Misc. No.3186 of 2017 (3) dt.07-03-2017 2/2 and there is no mention that any burnt article was found by the police at the place of occurrence.

Petitioner is a lady and there is general and omnibus allegation that she set on fire the hut of the informant. Para 3 of the case diary shows that house was joint and tube-well is between the house of informant and the petitioner. 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 Udwant Nagar (Gajrajganj) P.S. Case No.384 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, Bhojpur at Ara, subject to the conditions as laid down under Section 438(2) Cr. P. C.

(Sanjay Priya, J) JA/- U T