Shushila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64912 of 2024 Arising Out of PS. Case No.-216 Year-2024 Thana- KOILWAR District- Bhojpur ====================================================== Shushila Devi Wife of Satnarayan Ram Resident of Village -Harijan Toli, Gundi, PS- Koilwar, Distt.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Adv.
For the Opposite Party/s :
Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-10-2024 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends her arrest in connection with Koilwar P.S. Case No. 216 of 2024 for the offence registered under sections 379, 411 of the IPC and Section 353 of IPC lodged on 06.05.2024 by the informant Niranjan Paswan.
3. As per the prosecution story, the informant alleged that on way, the armed forces on the loaded tractor was coming from the sone river. It was loaded with sand and upon questioning, no paper was provided. Accordingly, the FIR.
4. Learned Counsel for the petitioner submits that she is a lady, only because the family purchased the tractor in her name, implicated and without accepting the allegation and/or the outcome of the present petition, learned counsel for the
Patna High Court CR. MISC. No.64912 of 2024(2) dt.01-10-2024 2/3 petitioner submits that he is ready to pay Rs. 7,000/- to the Chief Minister's Relief Fund.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that the tractor was filled with sand and on demand, no paper was produced.
6. Though allegation is there, the petitioner is a lady, do not have criminal antecedent, this Court is inclined to grant her the anticipatory bail with conditions subject to payment of Rs. 7,000/- to the Chief Minister's Relief Fund as undertaken by the learned counsel for the petitioner.
7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Bhojpur at Ara in connection with Koilwar P.S. Case No. 216 of 2024 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;
Patna High Court CR. MISC. No.64912 of 2024(2) dt.01-10-2024 3/3 (ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T