Priya Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25393 of 2017 Arising Out of PS.Case No. -79 Year- 2017 Thana -SAHARSA District- SAHARSA ======================================================

1. Priya Mishra W/o Rituraj Mishra, Resident of Village- Patuaha, Ward No.36, P.S.- Sadar, District- Saharsh. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State of Bihar.

This application, for grant of anticipatory bail, arises out of Saharsa Sadar Police Station Case No. 79 of 2017, disclosing offences under Sections 147, 148, 149, 448, 323, 341, 379, 384, 386, 504 and 506 of the Indian Penal Code.

It is submitted that the police, upon completion of investigation, has submitted charge sheet under some sections of the Indian Penal Code, which are bailable in nature. However, differing with the police report, learned Chief Judicial Magistrate, Saharsa, has taken cognizance of the offences, which are non-bailable because of which the petitioner apprehends his arrest.

Patna High Court Cr.Misc. No.25393 of 2017 (2) dt.10-07-2017 2/2 The petitioner is a lady. From the case of the prosecution, it appears that there is some land dispute between the parties, leading to occurrence, if any. Considering the facts and circumstances, this application is allowed.

Let the petitioner, Priya Mishra, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Saharsa Sadar Police Station Case No. 79 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present herself before the police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √