Patna High CourtCR. MISC./32315/2014bail granted

Sumitra Kumari v. The State Of Bihar

2015-01-21Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32315 of 2014 Arising Out of PS.Case No. -142 Year- 2002 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sumitra Kumari D/o Ramprit Chaudhary r/o Hathiahi P.S. Pipra Kothi Dist. E. Champaran . At present w/o Jai Prakash Sahani r/o vill. Jogiya P.S. Harsidhi Dist. E. Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Asha Devi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-01-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This is an application seeking anticipatory bail in a case registered for the offence punishable under Sections 328 and 302/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the case was instituted in the year 2002 and the Police after investigation had submitted final report, which has been brought on record as Annexure-2 of the application. Referring to Annexure-2, learned counsel for the petitioner submits that in course of investigation no evidence could be gathered to connect the petitioner with the offence alleged. He further submits that learned Chief Judicial Magistrate, Motihari, however, took cognizance on 26.09.2013

Patna High Court Cr.Misc. No.32315 of 2014 (2) dt.21-01-2015 P2/2 necessitating the petitioner to approach this Court for grant of anticipatory bail.

Considering the submission that no evidence could be collected in course of investigation against the petitioner leading to filing of final report, let the petitioner Sumitra Kumari, in the event of her arrest / surrender within six weeks from today before the Court below, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount, each to the satisfaction of the learned Judicial Magistrate, Ist Class, Mothiari (East Champaran) in connection with Pipr Kothi Case No. 142/2002, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Chakradhari Sharan Singh, J.) Saif/- U T