Patna High CourtCR. MISC./41489/2014bail granted

Amala Devi v. The State Of Bihar

2015-03-27Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41489 of 2014 Arising Out of PS.Case No. -12 Year- 2014 Thana -JAMALPUR District- DARBHANGA ======================================================

1. Amala Devi Wife of Lakshman Sahani Resident of Village-Akhtwara, P.S.-Jamalpur (O.P. Badgaon), District-Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nafisazzoha, Adv. For the Opposite Party/s : Mr. Ram Sundar Das (Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 27-03-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Jamalpur (Badgaon) P.S.Case No. 12 of 2014 registered for the offences punishable under sections 341, 323, 354, 504 and 379 read with 34 of the Indian Penal Code as well as section 3(1)(x) of the SC & ST (P.O.A.) Act, 1989.

It has been contended that there is no allegation against the petitioner with regard to theft or of making any objectionable comments about informant's caste. The petitioner is an old lady suffering from various ailments and the offence punishable under section 3(1)(x) of the SC & ST (P.O.A.) Act, 1989 would not be attracted against her. It has also been submitted

Patna High Court Cr.Misc. No.41489 of 2014 (2) dt.27-03-2015 2/2 that specific allegation of abusing the informant by taking name of his caste is confined against co-accused Laxman Sahni. Learned counsel for the State has opposed the prayer for anticipatory bail.

Regard being had to the facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, the petitioner Amala Devi is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Benipur, Darbhanga in connection with Jamalpur (Badgaon) P.S.Case No.12 of 2014, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/- U T