Chameli Devi @ Chamela Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.48615 of 2016 (3) dt.26-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48615 of 2016 Arising Out of PS.Case No. -200 Year- 2016 Thana -CHANDAUTI District- GAYA ======================================================

1. Chameli Devi @ Chamela Devi, wife of Ramjee Chaudhary, Resident of Village- Pirbigha, P.S.- Chandauti, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 26-11-2016 Heard both sides.

The petitioner prays for bail in connection with Chandauti ( Chakand) P.S. case no. 200 of 2016 registered under Sections 302 and 120B/34 of the IPC.

The learned counsel for the petitioner referring to the First Information Report states that the allegation of assault on the father of the informant is specifically attributed to co- accuseds Anil Choudhary, Sunil Choudhary and Arbind Choudhary. It is further alleged that the petitioner also arrived and indulged in pelting bricks. It is stated that the petitioner is a lady and is in custody since 20.07.2016. Her son also lodged a case against the prosecution side in which she received injury and a was admitted to hospital for treatment of her injury. The charge-sheet has

Patna High Court Cr.Misc. No.48615 of 2016 (3) dt.26-11-2016 already been submitted. She does not carry criminal antecedents. In view of the above facts, this Court is inclined to extend the privilege of bail to the petitioner. Let the petitioner, named above, 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 Gaya, in connection with Chandauti ( Chakand) P.S. case no. 200 of 2016, subject to the following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner.

(ii) As soon as the charges are framed the petitioner shall appear in person before the trial Court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail bond of the petitioner and secure her arrest in accordance with law. (Kishore Kumar Mandal, J) Shyam/- U T