Dhanwa Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62584 of 2019 Arising Out of PS. Case No.-139 Year-2019 Thana- BARHARA DistrictBhojpur ====================================================== DHANWA DEVI W/O- Late Uttam Mahto R/O- Daudpur (Daulatpur), P.S.- Shahpur, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ghanshyam Tiwary For the Opposite Party/s :
Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-10-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends her arrest for the offences alleged under Sections 341, 323, 504 and 307/34 of the Indian Penal Code registered in connection with Barahara P.S. Case No. 139 of 2019.
3. It is submitted that the petitioner has been falsely implicated in the backdrop of dispute of taking away the wife of Munna Bind to the house of Jaiband Bind in the marriage ceremony. It is submitted that no accusation of assault has been made against the petitioner whatsoever and as such the ingredients of the offence under Section 307 IPC are not attracted. The other offences alleged are mere embellishment. The petitioner is a lady claiming clean antecedents.
4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of
Patna High Court CR. MISC. No.62584 of 2019(2) dt.18-10-2019 2/2 Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Barahara P.S. Case No. 139 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall be well represented in Court on each and every date during trial except as and when directed by the learned Court below to be physically present, and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Ibrar//- U T