Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18030 of 2018 Arising Out of PS.Case No. -202 Year- 2017 Thana -RAJAUN District- BANKA ======================================================

1. Rekha Devi, W/o Gopal Sah @ Rajesh Sah, r/o village- Pipradih Baratikar, P.S.- Rajoun, District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends her arrest in Rajoun P.S. Case No.202 of 2017 instituted for the offence under Section(s) 341, 323, 308, 379, 504/34 Indian Penal Code. Counsel for the petitioner has submitted that petitioner is Gotani of the Informant. She has been falsely implicated in this case due to land dispute.

In the written report, it is alleged that this petitioner assaulted the informant on head with Basula.

Injury report of the injured is annexed as Annexure2, wherein, doctor has found lacerated wound size 2" x 1⁄4" x 1⁄4" on forehead caused by hard and blunt substance and opinion was

Patna High Court Cr.Misc. No.18030 of 2018 (3) dt.26-04-2018 2/2 kept reserved.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Rajoun P.S. Case No.202 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 the Chief Judicial Magistrate, Banka, 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 her absence on two consecutive dates without proper and reasonable reason will be liable to cancel her 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) JA/- U T