Durgawati Kumari @Durgawati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32906 of 2017 Arising Out of PS.Case No. -149 Year- 2012 Thana -BHORE District- GOPALGANJ ======================================================
1. DURGAWATI KUMARI @DURGAWATI DEVI Daughter of Shivnath Bhagat Resident of Village- Kheduapur, P.S. Bhorey, District- Gopalganj. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 21-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks anticipatory bail in a case instituted for the offences under Sections 307, 323 and 379/34 of the Indian Penal Code.
As per First Information Report the informant has stated that on 6.6.2012 at 5 P.M. his neighbour Shivnath Bhagat and his wife Durgawati Kumari were abusing to his wife for beating the animal. They started exchange of filthy language and thereafter allegation has been made that Shivnath Bhagat started assaulting the wife of the informant. Learned counsel for the petitioner submits that allegation has been made against wife of Shivnath Bhagat
Patna High Court Cr.Misc. No.32906 of 2017 (2) dt.21-07-2017 but present petitioner is daughter of Shivnath Bhagat and wrongly it has been mentioned as wife of Shivnath Bhagat inasmuch as there is no direct allegation against her. Looking to the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let petitioners, namely, Durgawati Kumari alias Durgawati Devi, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in connection with Bhorey P.S. Case No.149 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Shivaji Pandey, J) Vinay/- U T