Patna High CourtCR. MISC./62542/2019bail granted

Sangita Devi v. The State Of Bihar

2019-10-16Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62542 of 2019 Arising Out of PS. Case No.-98 Year-2019 Thana- MADHUBAN DistrictEast Champaran ====================================================== SANGITA DEVI Wife of Krishna Sah Resident of Village- Machhahan, Police Station- Madhuban, District- East Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Madhurendra Kumar, Advocate.

For the Opposite Party:

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-10-2019 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, 324, 325, 307, 504, 506,34 of the Indian Penal Code registered in connection with Madhuban P.S. Case No. 98 of 2019, G.R. Case No. 3166 of 2019.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of dispute over straw house as the informant and the petitioner's husband are full brothers. It is submitted that the specific accusation has been made against the petitioner's husband who assaulted the informant with dabia while the accusation against the petitioner along with other accused persons is general and omnibus without any assault being attributed individually. 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

Patna High Court CR. MISC. No.62542 of 2019(2) dt.16-10-2019 2/2 petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Madhuban P.S. Case No. 98 of 2019, G.R. Case No. 3166 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