Rajwanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18894 of 2015 Arising Out of PS.Case No. -283 Year- 2014 Thana -PIRO District- BHOJPUR ====================================================== Rajwanti Devi Wife of Sri Vijay Prasad, Resident of Village - Katar, Police Station - Pipra (Hasan Bazar), District - Bhojpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Surj Bansh Roy For the Opposite Party/s : Mr. Ram Chandra Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 18-06-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioner for offence under sections 341, 323, 504, 337, 307, 447/34 of the Indian Penal Code and that there is a case and the counter case with regard to an occurrence on account of the family and neighbour dispute, this Court taking into account that there are injuries on both sides of almost similar nature and that the petitioner has got no criminal antecedent would find her to be entitled for privilege of anticipatory bail.

That being so, if the petitioner, Rajwanti Devi, surrenders before the court below within a period of four weeks from today, she shall 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 the Sub-divisional Judicial Magistrate, Bhojpur at Ara in Piro (Hasan Bazar) P.S.Case No. 283/2014, subject to the following conditions:

Patna High Court Cr.Misc. No.18894 of 2015 (2) dt.18-06-2015 (i) That the court below shall make verification of criminal antecedent of the petitioner and if it is found that she is accused in any other criminal case, she shall not be granted bail and would be taken into custody. (ii) That both the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.

(iii) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after her release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.

(iv) That the petitioner will be well represented on each and every date of trial and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled on this ground alone.

surendra/- (Mihir Kumar Jha, J) U