Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1968 of 2020 Arising Out of PS. Case No.-336 Year-2019 Thana- SARAI District- Vaishali ====================================================== Kiran Devi Wife of Shyam Kishore Sharma Resident of Village - Fatepur Fulbariya, P.S.- Sarai in the district of Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar, Advocate For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-02-2020 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends her arrest in Sarai P.S. Case No. 336 of 2019, registered for the offence punishable under Sections 467, 468, 471, 420, 504, 506 and 34 of the Indian Penal Code.

The informant alleged that her Brother-in-law (Dewar) namely, Shyam Kishore Sharma entered into her house with assurance that he will vacate the same after construction of his own house, but he captured her house and refused to vacate the same. It is further alleged that Shyam Kishore Sharma also disposed of joint residential house fraudulently. After receiving such information, the informant demanded the paper of joint residential house, but he abused and assaulted her and also

Patna High Court CR. MISC. No.1968 of 2020(2) dt.25-02-2020 2/3 threatened her.

It is submitted that petitioner has falsely been implicated in this case. Petitioner and informant are Gotni. There is civil dispute among the parties. Petitioner has got clean antecedent.

Counsel for the informant vehemently opposed the prayer for bail.

Considering the facts aforesaid, the petitioner above-named in the event of her arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate XIII, Vaishali at Hajipur in connection with Sarai P.S. Case No. 336 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates

Patna High Court CR. MISC. No.1968 of 2020(2) dt.25-02-2020 3/3 without sufficient reasons, her bail bond shall be liable to be cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T