Usha Devi @ Uma Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15374 of 2018 Arising Out of PS.Case No. -142 Year- 2017 Thana -NOKHA District- SASARAM (ROHTAS) ====================================================== Usha Devi @ Uma Devi, Wife of Bhimal Singh, Resident of VillageShivpur, P.S.- Nokha, District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Mishra For the Opposite Party/s : Mr. Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 09-04-2018 Heard.

The petitioner apprehends arrest in connection with Nokha P.S.Case No.142 of 2017 registered for an offence under Section 379 and other allied sections of the IPC. It has been submitted that the allegation of assault and snatching the house hold article is omnibus. The husband of the informant and the husband of this petitioner are full brothers and for the dispute for draining the waste water of the house, an occurrence of assault took place between the parties. He further submits that the petitioner has no criminal antecedent and the informant has not sustained any injury. The informant intentionally suppressed the relationship between the parties and levelled the allegation of theft to make out a case of non-bailable.

Patna High Court Cr.Misc. No.15374 of 2018 (2) dt.09-04-2018 2/2 Learned APP opposed the submissions.

Considering the aforesaid facts and circumstances, prayer for anticipatory bail is allowed. Let the above named petitioner in the event of his arrest or surrender before the court below within six weeks from today 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 Sub Judge-IX-cum-ACJM, Sasaram (Rohtas) in connection with Nokha P.S.Case No.142 of 2017, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T