Patna High CourtCR. MISC./14685/2016bail granted

Kamruddin Bibi @ Kamrun Nisha v. The State Of Bihar

2016-04-29Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14685 of 2016 Arising Out of PS.Case No. -70 Year- 2016 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Kamruddin Bibi @ Kamrun Nisha Wife of Tasarif Ansari resident of village - Akorhi, P.S. Mohania, District - Kaimur at Bhabua .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Madhurilata (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-04-2016 Heard learned counsel for the petitioner and the learned Addl. Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Mohania P.S.Case No. 70/2016, disclosing offences under section 341, 323, 427, 504, 506, 435, 448/34 of the Indian Penal Code and section 3(i)(x)(xi) of the SC/ST Act.

Learned counsel for the petitioner submits that no offence under the provisions of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act is made out as there is no allegation that the occurrence took place within the public view. He has further submitted that from the very First Information Report it can be seen that the prosecution case is malicious. Considering the fact that the petitioner is a lady and the occurrence took place over petty dispute, this application is

Patna High Court Cr.Misc. No.14685 of 2016 (2) dt.29-04-2016 allowed.

Let the petitioner, abovenamed, in the event of her arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabua in Mohania P.S.Case No. 70/2016, G.R.No. 477/2016, subject to the conditions as laid down under section 438(2) of the Cr.P.C. This is subject to the condition that the petitioner shall present herself before the police/ court, as the case may be, as and when required and in the event of failure on her part to appear before the court on two consecutive occasions, her bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U