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Patna High CourtCR. MISC./18989/2015bail granted

Suman Devi v. The State Of Bihar

2015-06-15Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 18989 of 2015 Arising Out of PS.Case No. -70 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Suman Devi wife of Late Awinash Kumar @ Babloo Kumar resident of village- Bishunpur, Ward No. 43, Police Station Begusarai Town Police Station, in the district of Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Smt. Ansuaiya Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

15-06-2015 Heard Sri Prabhu Narayan Sharma, learned counsel for the petitioner and Smt. Ansuiya Jaiswal, learned Addl. Public Prosecutor.

The sole petitioner, apprehending her arrest in Bugusarai (Town) P.S. Case No. 70 of 2015 registered for the offence under Section 304 of the Indian Penal Code, has prayed for grant of anticipatory bail.

Learned counsel for the petitioner submits that ofcourse in the present F.I.R., it has been alleged by the informant that his father was assaulted by the petitioner by the iron rod, but fact remains that the F.I.R. was lodged on 05-02-2015 for an occurrence, which took place on 26-01-2015. The present F.I.R. was lodged in which allegation was made against the petitioner, however; subsequently after some time, one another complaint

Patna High Court Cr.Misc. No.18989 of 2015 (2) dt.15-06-2015 2/2 petition was filed by the brother of the informant of the present case, in which, it was alleged that the petitioner alongwith two persons assaulted the father of the informant. He further submits that no explanation has been given in respect of delay for lodging of the present F.I.R. He further submits that prior to lodging of the present F.I.R., the informant side were putting pressure on the petitioner for withdrawal of the case, which was lodged against the informant's family members for murder of husband of the petitioner.

In view of the facts and circumstances, the Court is of the opinion that it is a fit case for extending the privilege of anticipatory bail.

Let the petitioner, namely; Suman Devi be enlarged on bail in the event of her arrest or surrender before the court below within a period of one month from today on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in connection with Begusarai (Town) P.S. Case No. 70 of 2015, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J.) Anay U T