Suman Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55941 of 2018 Arising Out of PS. Case No.-78 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== Suman Devi W/o Sri Dinesh Mahto, R/o Vill.- Purbi Kargahiya, Tola - Lalungar, P.S.- Bettiah Muffasil, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-12-2018 Heard the learned counsel for the petitioner and the State.
The petitioner seeks bail in anticipation of her arrest in connection with Bettiah Muffasil P.S. Case No. 78 of 2018 dated 27.02.2018 instituted for the offences under Sections 147, 149, 341, 323, 324, 380, 427, 448, 506 of the Indian Penal Code.
The informant has alleged that while she came to her house from hospital for collecting money for the treatment of her daughter, the petitioners and others forced her to vacate the house. In the process, she was assaulted by some of the accused persons.
Patna High Court Cr.Misc. No.55941 of 2018(2) dt.10-12-2018 2/3 Learned counsel for the petitioner has submitted that the dispute is with respect to unauthorized possession of the informant and the allegation of assault is directed towards others and not the petitioner.
Learned counsel for the petitioner has also drawn the attention of this Court towards the F.I.R., contained in Annexure -2, namely, Bettiah Muffasil P.S. Case No. 79 of 2018, which has been lodged by one of the accused persons of the present case against the informant.
Considering this aspect of the matter, another coaccused person was granted anticipatory bail by a Bench of this Court on 23.08.2018 passed in Cr. Misc. No. 47299 of 2018.
Regard being had to the aforesaid facts as also taking into account that the petitioner is a lady and does not have any criminal antecedent, the petitioner above-named is directed to be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on her furnishing bail bonds in the sum of Rs.
Patna High Court Cr.Misc. No.55941 of 2018(2) dt.10-12-2018 3/3 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Bettiah Muffasil P.S. Case No. 78 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. (Ashutosh Kumar, J) skm/- U