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Patna High CourtCR. MISC./43033/2016bail granted

Sangita Devi v. The State Of Bihar

2016-10-24Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43033 of 2016 Arising Out of PS.Case No. -70 Year- 2015 Thana -GOVINDPUR District- NAWADA ======================================================

1. Sangita Devi Wife of Banti Sharma Resident of village - Makanandpura, P.S. Deep Nagar, District - Nalanda at Biharsharif .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-10-2016 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Govindpur P. S. case No. 70 of 2015, disclosing offences under Sections 341,323,366A, 376, 354,379/34 of the Indian Penal Code.

Learned counsel for the petitioner has referred to statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure in order to contend that there is no allegation against the petitioner and she has been implicated merely because she is wife of elder brother of co-accused Deepak Sharma. Learned counsel appearing on behalf of the petitioner appears to be right in his submission.

Considering the above, this application is allowed. Let

the petitioner above named in the event of her arrest/surrender within four weeks from today in the Court below 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 learned Chief Judicial Magistrate, Nawada, in Govindpur P. S. Case No. 70 of 2015, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. 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) ArunKumar/-c U