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Patna High CourtCR. MISC./36716/2016bail granted

Maya Devi v. The State Of Bihar

2016-09-01Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36716 of 2016 Arising Out of PS.Case No. -166 Year- 2016 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================

1. Maya Devi S/o Ram Bahadur Ray resident of village Hasan Chak alias Chakausan p.s. Bidupur, District Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar Singh For the Opposite Party/s : Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-09-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Bidupur Police Station Case No. 166 of 2016, disclosing offences under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 of the Indian Penal Code.

The petitioner is a lady. She is said to have assaulted the informant with sickle, causing injury on his head.

Learned Counsel appearing on behalf of the petitioner has submitted that a dispute over passage between the two parties is the reason behind the occurrence and First Information Report is exaggerated and incorrect version of the actual state of affairs. He has

Patna High Court Cr.Misc. No.36716 of 2016 (2) dt.01-09-2016 2/2 submitted that a counter case has been lodged on the basis of fardbayan of the petitioner's husband being Bidupur Police Station Case No. 165 of 2016.

Considering the genesis of occurrence, this application is allowed.

Let the petitioner, Maya Devi, in the event of her arrest or surrender before the Court below within six weeks, 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 learned Chief Judicial Magistrate, Hajipur, at Vaishali, in connection with Bidupur Police Station Case No. 166 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present herself before the police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √