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Patna High CourtCR. MISC./4606/2016bail granted

Rani Devi v. The State Of Bihar

2016-07-26Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4606 of 2016 Arising Out of PS.Case No. -117 Year- 2015 Thana -HAZIPUR INDUSTRIAL DistrictVAISHALI(HAJIPUR) ====================================================== Rani Devi Daughter of Jagdip Das, resident of Village- Hilalpur, Police Station- Industrial Area, Hajipur, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhished Kumar For the Opposite Party/s : Mr. Shantanu Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 26-07-2016 Heard Sri Abhishek Kumar, learned counsel for the petitioner, Sri Shantanu Kumar, learned A.P.P. as well as Sri Lakshmi Kant Tiwary, learned counsel, who has voluntarily appeared on behalf of the informant.

The sole petitioner, apprehends her arrest in connection with Industrial Area P.S. Case No. 117 of 2015 registered for the offence under section 323, 341, 354, 307, 379 and 34 of the Indian Penal Code and subsequently section 302 of Indian Penal Code was added, has prayed for grant of anticipatory bail primarily on the ground of parity.

Learned counsel for the petitioner submits that other two male accused persons namely Uma Shankar Das and Jai Shankar Das have been extended the privilege of anticipatory

Patna High Court Cr.Misc. No.4606 of 2016 (3) dt.26-07-2016 2/2 bail vide order dated 29.6.2016 in Cr. Misc. No. 4436 of 2016. He submits that petitioner is a lady and even in the F.I.R. there is no specific accusation against the petitioner. Learned A.P.P. as well as learned counsel for the informant have opposed the prayer of the petitioner, however they were not in a position to distinguish the case of the petitioner from other two male accused persons, who have been extended the privilege of anticipatory bail.

Keeping in view the fact that other two male accused persons have been granted anticipatory bail, the petitioner being a lady having similar accusation is also entitled to get the same relief. Accordingly in the event of arrest or surrender within a period of six weeks from today, let the petitioner Rani Devi be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur / concerned court in connection with Industrial Area P.S. Case No. 117 of 2015 subject to the conditions as contemplated under section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) Praful/- U T