Patna High CourtCR. MISC./53333/2015disposed

Malti Devi v. The State Of Bihar

2015-11-23Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53333 of 2015 Arising Out of PS.Case No. -14 Year- 2014 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Malti Devi wife of Sudama Giri, Resident of village- Balmi Sirsiya, P.S.- Kalyanapur, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar No.Iii For the Opposite Party/s : Mr. Md. A.Haque Sahara (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 23-11-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 448, 342, 323, 436, 504, 354 and 506/34 of the Indian Penal Code. It is alleged that the accused persons including the petitioner came, abused, put the hutment of the informant on fire and they also assaulted the wife of the informant. The motive for the occurrence is that the informant refused to compromise the case earlier filed by the informant. It is submitted by learned counsel for the petitioner that the accusation is omnibus and general and there is

Patna High Court Cr.Misc. No.53333 of 2015 (2) dt.23-11-2015 2/2 nothing on the record to suggest that the hutment of the informant was dwelling house.

Considering the omnibus and general nature of accusation and the petitioner being a lady, let the above named petitioner be released on anticipatory bail in the event of her arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Motihari, East Champaran in connection with Kalyanpur P.S. Case No. 14 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T