Munni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46517 of 2019 Arising Out of PS. Case No.-330 Year-2018 Thana- MINAPUR District- Muzaffarpur ====================================================== MUNNI DEVI W/o Rakesh Roy, Resident of Village - Raneekhaira, P.S.- Minapur, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sameer Ranjan For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-07-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Minapur Police Station Case No. 330 of 2018, disclosing offences under Section 302/34 of the Indian Penal Code. The allegation against the petitioner, on the basis of the First Information Report, is that on 21.07.2018, the informant's sister and the petitioner were feeding the animals and an altercation took place between them. In the mean while, mother-in-law of the petitioner, Suratiya Devi, ordered Rakesh Kumar to kill the informant's sister, upon which, Rakesh Kumar assaulted with lathi and Jitu Kumar assaulted with wooden log to the informant's sister.

Learned Counsel for the petitioner submits that from

Patna High Court CR. MISC. No.46517 of 2019(3) dt.29-07-2019 2/3 perusal of the First Information Report, it would be evident that no overt act has been alleged against this petitioner and the petitioner is neither the order giver nor the person who assaulted the deceased. He further submits that the parties are related to each other.

After having heard learned Counsel for the parties and taking into consideration the fact that no overt act has been alleged against this petitioner and that the parties are related to each other, I find it a fit case for grant of privilege of anticipatory bail. Accordingly, this application is allowed. Let the petitioner, Munni Devi, in the event of her arrest or surrender before the Court below within four weeks, 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 learned Chief Judicial Magistrate, Muzaffarpur, in connection with Minapur Police Station Case No. 330 of 2018, subject to the condition 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

Patna High Court CR. MISC. No.46517 of 2019(3) dt.29-07-2019 3/3 bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √