Manita Kumari @ Manita Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45998 of 2018 Arising Out of PS.Case No. -637 Year- 2017 Thana -BODHGAYA District- GAYA ======================================================

1. Manita Kumari @ Manita Pandey, Wife of Satrughan Pandey, resident of Village- Newtapur, Police Station- Bodh Gaya, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manish Kumar No. 2, Advocate Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s : Smt. Asha Devi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Bodh Gaya P.S. Case No. 637 of 2017 corresponding to G.R. No. 7349 of 2017, registered for offences punishable under Sections 147, 148, 149, 324, 326, 307 and 302 of the Indian Penal Code. As per F.I.R., allegation against the petitioner and other accused persons is of assaulting with deadly weapons and attacked on the informant and his family members, causing the father of the informant died and brother of the informant was injured. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case and there is a case and counter case lodged by the petitioners' side had

Patna High Court Cr.Misc. No.45998 of 2018 (2) dt.08-08-2018 2/3 disclosed that the informant and others went to the house of the petitioner and they misbehaved with the grand daughter of the informan, Aarti Kumari and tried to commit rape upon her for which she assaulted with knife. It is also submitted that the petitioner has no criminal antecedent and allegation is general and omnibus of assault.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named on surrender or arrest within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of Sri Manas Kumar, learned Chief Judicial Magistrate, Gaya in connection with Bodh Gaya P.S.Case No. 637 of 2017, corresponding to G.R. No. 7349 of 2017, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) Sudha/- U T

Patna High Court Cr.Misc. No.45998 of 2018 (2) dt.08-08-2018 3/3