Laxmi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19592 of 2018 Arising Out of PS. Case No.-167 Year-2017 Thana- KUMARGHAND District- Madhepura ====================================================== Laxmi Devi Wife of Arun Bhagat Resident of Village- Kankar, Police StationKumarkhand, District- Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Uday Chand Prasad Advocate For the Opposite Party/s :
Mr. Nawal Kishor Prasad APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-05-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends her arrest in Kumarkhand P.S. case no. 167 of 2017 instituted for the offence under Section(s) 147, 148, 341, 323, 354, 379, 307, 384, 386, 504 and 506 of the Indian Penal Code.
In the written report there is allegation against this petitioner that she assaulted the brother of the informant, namely, Rajendra Sharma, with iron Bhala in the hand causing injury and co- accused Khushbu Kumari assaulted the brother of the informant with iron rod on his head
Patna High Court Cr.Misc. No.19592 of 2018(4) dt.11-05-2018 2/3 Case diary has been received wherein the injury report of brother of the informant is available. The same is also enclosed as Annexure-3 to the bail petition wherein the doctor has found lacerated wound over right side parietal region which was grievous in nature. The second injury was one abrasion over the right elbow which was found by the doctor to be simple in nature caused by hard and blunt substance.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Kumarkhand P. S. case no. 167 of 2017, she shall be released on anticipatory 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 SDJM, Madhepura, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the
Patna High Court Cr.Misc. No.19592 of 2018(4) dt.11-05-2018 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) shyambihari/- U T