Hemanti Devi @ Lachiya Devi @ Bhuri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64030 of 2018 Arising Out of PS. Case No.-59 Year-2018 Thana- KHIRI MORE District- Patna ====================================================== Hemanti Devi @ Lachiya Devi @ Bhuri Devi, age-30 years, W/o Amod Yadav, resident of Village- Basant Bigha, P.S.- Khiri More, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Parth Gaurav For the Opposite Party/s :

Mr. Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-11-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Khiri More P.S. Case No. 59 of 2018 registered for the offence punishable under Sections 341, 323, 325, 307, 379, 504/34 of the Indian Penal Code. Petitioner is not named in the FIR, however, during investigation it has come that she was throwing bricks from her roof.

It has been submitted on behalf of the petitioner that she is innocent and has been falsely implicated in this case due to land dispute. It has been further submitted that the petitioner is a lady aged about 30 years and is having one minor child of two years of age. Similarly, situated co-accused person has been granted bail by a co-ordinate bench of this Court vide order dated 20.09.2018 in Criminal Miscellaneous No. 58670 of 2018.

Patna High Court Cr.Misc. No.64030 of 2018(2) dt.02-11-2018 2/2 Petitioner has got no criminal antecedent and is in custody since 24.08.2018.

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/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, in connection with Khiri More P.S. Case No. 59 of 2018, with following conditions:-

(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) ranjan/- U