Amrita Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7336 of 2016 Arising Out of PS.Case No. -531 Year- 2015 Thana -HAJIPUR DistrictVAISHALI (HAJIPUR) ===================================== Amrita Kumari, Daughter of SArbesh Chaudhari, resident of Vill + P.O. - Madhopur Ram, Police Station - Belsar O.P., District - Vaishali at Hajipur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Bindhyachal Singh, Adv. For the Opposite Party/s : Mr. Rana Randhir Singh (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-03-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Hajipur Town P.S. Case No.531 of 2015, disclosing offences under Sections 447, 341, 332, 511, 384, 504, 353 and 188/34 of the Indian Penal Code. The petitioner is a lady and was a party to Maintenance Case No.136 of 2007, which was disposed of by the learned Principal Judge, Family Court, Vaishali at
Patna High Court Cr.Misc. No.7336 of 2016 (2) dt.17-03-2016 2/3 Hajipur, on 06.07.2015. The occurrence is said to have taken place on 21.07.2015. Allegedly, the petitioner and her mother entered into the Court room and created noise. It is also alleged that one of the accused attempted to throw his/her sleepers on the Presiding Officer, which, because of intervention of the bodyguard, could be prevented.
Learned counsel for the petitioner has submitted that since the petitioner is a lady, there is no chance that she will be fleeing from the course of trial. He further submits that all the sections, levelled against the petitioner in the First Information Report, are bailable except Sections 332, 352 and 384 of the Indian Penal Code. He submits that no offence, under these provisions of the Indian Penal Code, is made out against the petitioner on the basis of allegation, as contained in the First Information Report.
Considering the background and the nature of accusation, coupled with the fact that the petitioner is a lady, this application is allowed. Let the petitioner, abovenamed, in the event of her arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to
Patna High Court Cr.Misc. No.7336 of 2016 (2) dt.17-03-2016 3/3 the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Hajipur Town P.S. Case No.531 of 2015, 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.) Praveen-II/- U T