Keshwa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22877 of 2016 Arising Out of PS.Case No. -2 Year- 2016 Thana -BUNIADGANJ District- GAYA =========================================================== Keshwa Devi, W/o Karu Das, Resident of Village Usari, P.S.- Buniayadganj, District Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar Sinha, Advocate.

For the O.P.

: Mr. Md. Arif, A.P.P.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 07-06-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in Buniadganj P.S. Case No. 02 of 2016 dated 02.01.2016 instituted under Sections 147, 148, 149, 341, 342, 323, 324, 326, 337, 338, 332, 333, 307, 353, 427, 495 of the Indian Penal Code and Section 3 of the Damage to Public Property Act.

The allegation against the petitioner is of assault on the excise party with brick bats.

Learned counsel for the petitioner submits that though she is named in the FIR, but not caught at the spot and only on the statement of co-accused, she has been implicated. It is submitted that there is no recovery of any incriminating article and she is a lady

Patna High Court Cr.Misc. No.22877 of 2016 dt.07-06-2016 2/2 advanced in age having clean antecedent. It is further submitted that the petitioner is in custody since 14.01.2016. Learned counsel submits that the other co-accused persons, namely, Dara Chaudhary and Suresh Chaudhary, against whom there is similar allegation, have been granted bail by a co-ordinate Bench of this Court on 18.04.2016 in Cr. Misc. No. 13391 of 2016 and also Bindu Kumar and Manoj Choudhary on 09.05.2016 in Cr. Misc. No. 20126 of 2016. Learned A.P.P. for State opposes the prayer for bail. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bond of Rs.

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in Buniadganj P.S. Case No. 02 of 2016, subject to the condition that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that she shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of her bail bonds.

(Ahsanuddin Amanullah, J) Sujit/Ravi U T