Mithilesh Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20310 of 2018 Arising Out of PS.Case No. -393 Year- 2017 Thana -DALSINGHSARAI District- SAMASTIPUR ======================================================

1. Mithilesh Devi, Wife of Shri Vinay Kumar Choudhary, Resident of Village- Nagargama, P.S.- Dalsingsarai, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Aaruni Singh For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-04-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Dalsingsarai P.S.Case no.393 of 2017 , registered for offences punishable under Sections 341, 323, 354, 302 & 34 of the Indian Penal Code.

Allegation against the petitioner is that she along with the others came to the door of the informant and other accused persons assaulted the deceased.

Submission of the learned counsel for the petitioner is that she is a lady and no allegation of assault is against her and the other accused persons have been granted privilege of the anticipatory bail, vide order dated 6.3.2018 passed in Cr. Misc. No11103 of 2018

Patna High Court Cr.Misc. No.20310 of 2018 (2) dt.25-04-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the fact that the petitioner is a lady and no specific allegation has been attributed against her, as such, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st, Dalsingsarai (Samastipur) in connection with Dalsingsarai P.S.Case No.393 of 2017 dated 7.12.2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make herself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of her bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T