Nirmala Devi @ Urmila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2856 of 2018 Arising Out of PS.Case No. -162 Year- 2017 Thana -HASPURA District- AURANGABAD ====================================================== Nirmala Devi @ Urmila Devi, W/o Sri Keshav Prasad, R/o Village- Narsan, P.S.- Haspura, District- Aurangabad (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bipin Bihari Singh, Advocate. For the Opposite Party/s : Mr. Gauri Shankar Gupta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Haspura P.S. Case No. 162 of 2017 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 325, 337, 338, 307, 353, 152, 295A, 298, 427, 504 and 506 of the Indian Penal Code. In the written report it is alleged that 19 persons from both community have been arrested and Chowkidar and Dafadaar have identified further 27 persons who are also named in the First Information Report including this petitioner. Learned counsel for the petitioner has submitted that petitioner is a lady and she is alleged to be merely standing at the place of occurrence. From the written report itself it appears that there is no specific allegation of overt act against this petitioner.

Patna High Court Cr.Misc. No.2856 of 2018 (2) dt.17-01-2018 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Haspura P.S. Case No. 162 of 2017, she shall be released on anticipatory 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, Daudnagar, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T