Nilam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57710 of 2018 Arising Out of PS. Case No.-44 Year-2018 Thana- TARIYANI CHAPRA PS DistrictSheohar ====================================================== Nilam Devi, W/o Ram Ishwar Rai, Resident of Village Belahiya, P.S. Tariyani Chhapra District- Sheohar.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Uday Kumar For the Opposite Party/s :

Mr. Pranav Kumar For the informant :

Mr. Prasoon Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner is apprehending her arrest in a case registered under Sections 341, 323, 354(A), 307, 504 and 34 of the Indian Penal Code.

The prosecution case, in short, is for a dispute over the width of the street, when the informant protested the accused persons, he was assaulted by them.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The nature of injury is said to be simple. Hence, no

Patna High Court Cr.Misc. No.57710 of 2018(2) dt.09-10-2018 2/2 offence under Section 307 IPC is made out. Rest of the offences are triable by the Magistrate. Other co-accuseds have been granted anticipatory bail vide order dated 28.09.2018 passed in Cr. Misc. No. 59825 of 2018.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sheohar, in connection with Tariyai Chhapra P.S. Case No. 44/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T