Saeesta Praveen v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62498 of 2018 Arising Out of PS. Case No.-117 Year-2018 Thana- KALUAHI District- Madhubani ====================================================== Saeesta Praveen W/o Rijwan @ Md. Rijban Shah @ Md. Rijwan, Resident of Village- Keyota Fakir Tol, P.S. Kaluahi, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Sri Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-11-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner, who is in custody, seeks bail in connection with Kaluahi P.S. Case No. 117 of 2018 registered for the offence punishable under Sections 302, 34 of the Indian Penal Code.

Allegation against petitioner is of abusing and assaulting the mother of informant with brick-bat which hit her in chest, as a result of which she fell down and became unconscious.

It has been submitted on behalf of the petitioner that petitioner is lady and committed no offence. It has been further submitted that there is land dispute between the parties. Petitioner has no criminal antecedent and she is in custody since

Patna High Court Cr.Misc. No.62498 of 2018(4) dt.05-11-2018 2/2 11.07.2018.

Learned Counsel for the informant has vehemently opposed the prayer for grant of regular bail to the petitioner. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Madhubani, in connection with Kaluahi P.S. Case No. 117 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the 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.

(S. Kumar, J) veena/- U T