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Patna High CourtCR. MISC./79719/2019allowed

Nandani Devi v. The State Of Bihar

2019-12-05Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79719 of 2019 Arising Out of PS. Case No.-33 Year-2019 Thana- NIMACHANDPURA District- Begusarai ====================================================== NANDANI DEVI, Wife of Ram Narayan Sahni, Resident of Village - Chandpura, P.S.- Neemachandpura, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Randhir Kumar No.1, Adv.

For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 05-12-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

The petitioner who is apprehending her arrest in connection with Neemachandpura P.S. Case No.33 of 2019 registered under Sections 147, 148, 149, 448, 341, 323, 307, 427 and 379 of the IPC has asked for grant of anticipatory bail by way of instant petition.

There happens to be a case and counter case. The petitioner is an accused in connection with Neemachandpura P.S. Case No.33 of 2019, while the case instituted at her end on the same day bears Neemachanpura P.S. Case No.34 of 2019. There happens to be an allegation against the husband of the petitioner joined by unknown miscreants armed variously came at the house of the informant Krishna Nandan Sharma and Ram Narayan Sahani (husband of the petitioner) giving iron rod blow over his head

Patna High Court CR. MISC. No.79719 of 2019(2) dt.05-12-2019 2/2 causing injury to him. The persons who came in rescue were assaulted by the unknown criminals, as a result of which Ram Kumar, Sanjeev Sharma, Raj Kumar Sharma, Ram Bahadur Sharma, Rohit Kumar, Dropadi Devi, Ram Pravesh Sharma, Sundar Sharma, Pavia Devi had sustained injuries. Then, it has been averred that on an order of Nandani Devi (petitioner) they have uprooted his house and looted away his belonging worth more than rupees lacs.. Although the learned lower court has identified the status of the petitioner to that of abettor but, considering the fact that large number of persons have sustained injuries, rejected the prayer.

Considering the nature of allegation attributed against the petitioner in consonance with her status being a female, petitioner Nandani Devi in the event of her arrest/surrender within four weeks from today is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Neemachandpura P.S. Case No.33 of 2019; subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Aditya Kumar Trivedi, J) skpathak/- U T