Patna High CourtCR. MISC./5385/2018bail granted

Salita Devi v. The State Of Bihar

2018-02-07Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.5385 of 2018 (2) dt.07-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5385 of 2018 Arising Out of PS.Case No. -177 Year- 2016 Thana -GOGRI District- KHAGARIA ======================================================

1. Salita Devi W/o Sanjeev Yadav, R/o Village- Poura, P.S.- Gogri, DistrictKhagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Indrajit Kumar For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-02-2018 Heard both sides.

The petitioner apprehends her arrest in Gogri(Poura) P.S. Case No.177 of 2016 registered under Sections 447, 341, 323, 307, 354, 504, 506, 379 and 34 of the Indian Penal Code. The informant, Lalita Devi alleged that her husband, Anoj Yadav was cutting grass but her brother-in-law, Sanjeev Kumar @ Sanoj Yadav began to abuse only because some straw fell in the land of Sanoj Yadav. It is alleged that Sanoj Yadav assaulted the informant with iron rod and the informant became unconscious. The petitioner is alleged to have snatched ornaments from the possession of the informant.

The learned counsel for the petitioner submits that there is no allegation of assault against the petitioner. The

Patna High Court Cr.Misc. No.5385 of 2018 (2) dt.07-02-2018 petitioner happens to be own sister-in-law (Gotni) of the informant and the allegation of theft is ornamental.

Considering the facts aforesaid and the fact that petitioner is a lady, the petitioner, above named, in the event of her arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged 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, Khagaria in connection with Gogri(Poura) P.S. Case No.177 of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T