Chandeshwari Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84574 of 2019 Arising Out of PS. Case No.-262 Year-2019 Thana- BAKHTIARPUR District- Saharsa ====================================================== CHANDESHWARI SHARMA Son of Late Ramphal Sharma Resident of Village - Tilathi, P.S.- Bakhtiyarpur (Kaneria O.P.), District- Saharsa ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Uday Kumar Mr. Kamal Kishore Singh For the Opposite Party/s :

Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-12-2019 Heard learned Counsel for the petitioner and the learned APP for the State.

Petitioner apprehends arrest in Bakhtiyarpur (Kaneria O.P.) PS Case No. 262 of 2019 registered under Sections 341, 323, 324, 308 and 504/34 of the IPC.

It is submitted by petitioner's counsel that the allegation is that while defending blow meted out by co-accused Reshma Devi the informant sustained a cut injury over his finger. No such allegation was made against the instant petitioner. At best he has accompanied Reshma Devi and Kanchan Devi to the place of occurrence and there is general allegation of assault. Reshma Devi has been allowed anticipatory bail vide Cr. Misc. No. 76137 of 2019. It is submitted that it is a case of false implication and that the petitioner has no criminal antecedent. Considering the aforesaid submissions prayer for anticipatory bail of the petitioner is allowed. In the event of arrest or surrender before the court below within four weeks from today, let the petitioner above named be released on bail on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.84574 of 2019(2) dt.19-12-2019 2/2 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of CJM Saharsa in Bakhtiyarpur (Kaneria O.P.) PS Case No. 262 of 2019 subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code as also subject to the following conditions:- (I) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled.

(Madhuresh Prasad, J) SNkumar/- U T