Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5439 of 2016 Arising Out of PS.Case No. -324 Year- 2015 Thana -MANER District- PATNA ====================================================== Babita Devi Wife of Vijay Paswan resident of village - Sattar ( Sarai ), Police Station - Maner, District - Patna .... .... Petitioner

Versus

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

For the Petitioner/s : Dr. Amrendra Kumar, Adv. For the Opposite Party/s : Mr. Sunil Kr. Panday (App) For the informant : Mr. Anshuman, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-03-2016 Heard learned counsel, appearing on behalf of the petitioner, and the learned Addl. Public Prosecutor, appearing on behalf of the State as also the learned counsel for the informant. This application for grant of anticipatory bail arises out of Maner P.S. Case No. 324/2015, disclosing offences under sections 341, 323, 325, 307/34 of the Indian penal Code. The petitioner is a lady.

It is submitted on behalf of the petitioner that no offence under section 307 of the Indian Penal Code is made out so far as this petitioner is concerned. He further submits that the manner, in which the First Information Report has been drafted, is indicative of the fact that the implication of the petitioner is false. Learned counsel, appearing on behalf of the informant,

Patna High Court Cr.Misc. No.5439 of 2016 (2) dt.09-03-2016 has vehemently opposed the prayer for anticipatory bail. However, considering the fact that the petitioner is a lady, this application is 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 Sri A.K.Thakur, Judicial Magistrate, Danapur, District Patna in Maner P.S.Case No. 324/2015, 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