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Patna High CourtCR. MISC./62464/2018allowed

Kumari Devi @ Phul Kumari Devi v. The State Of Bihar

2018-12-13Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62464 of 2018 Arising Out of PS. Case No.-23 Year-2018 Thana- HALSI District- Lakhisarai ====================================================== Kumari Devi @ Phul Kumari Devi, Wife of Sri Shivdari Yadav, Resident of Village- Bijitpur, P.S.- Halsi, District- Lakhisarai. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate Mr. Lakshmi Kant Sharma, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-12-2018 Heard counsel for the petitioner and counsel appearing on behalf of the State.

The petitioner is apprehending arrest in connection with Halsi P.S. Case No. 23 of 2018 for offences under Sections 341, 323, 307, 504, 506/34 and 302 of the Indian Penal Code.

Mr. Ramakant Sharma, learned senior counsel appearing for the petitioner submits that in the instant case omnibus allegations have been levelled against the petitioner and other family members. The petitioner is a lady and there is absolutely no criminal antecedent against her. From the FIR it would be evident that there is no specific role attributed to the petitioner in the commission of the crime i.e. assault.

Patna High Court Cr.Misc. No.62464 of 2018(3) dt.13-12-2018 2/2 Considering the fact that the petitioner is a lady and she has no criminal antecedent and in the FIR allegation is that she along with other accused persons surrounded the victim and nothing beyond that, let the petitioner, above named, in the event of arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st Class, Lakhisarai, in connection with Halsi P.S. Case No. 23 of 2018, subject to the conditions as laid down under Section 438(2) Cr. P. C. (Anil Kumar Upadhyay, J) spandey/- U T