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Patna High Court - Orders

Rita Devi @ Srimati Rita Devi & Anr. vs The State Of Bihar on 19 March, 2012

Author: Akhilesh Chandra

Bench: Akhilesh Chandra

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.43971 of 2011
                 ======================================================
                 1. Rita Devi @ Srimati Rita Devi, wife of Arun Singh
                 2. Arun Singh, S/o- Shiv Singh
                 Both are resident of village - Bahera, P.S. - Amas, District - Gaya.
                                                                          .... .... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                     .... .... Opposite Party/s
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA
                                                ORAL ORDER


3   19-03-2012

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The two petitioners apprehending their arrest in connection with Amas P.S. Case No. 111/2011 for offences under Sections 341, 323, 353, 427, 504, 506/34 of the Indian Penal Code.

After some arguments, learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner no. 2 namely, Arun Singh, with a liberty to surrender before the court below within a fortnight and seek regular bail where the prayer shall be considered on its own merit without being prejudice of instant withdrawal. Permission is granted.

Accordingly, this application stands disposed of as withdrawn with regard to petitioner no. 2 namely, Arun Singh. 2 Patna High Court Cr.Misc. No.43971 of 2011 (3) dt.19-03-2012 2/2

So far as petitioner no. 1 is concerned, she is named accused in this case with allegation of creating some nuisance and forcing the authority to insert her name as Asha Karyakarta in health centre.

Submission is that she has falsely been implicated in this case being a lady.

Considering the facts and circumstances of the case, in the event of her arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sub- Divisional Judicial Magistrate, Sherghati, Gaya, in connection with Amas P.S. Case No. 111/2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date till disposal of the case, in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled.

Rajeev/-                                        (Akhilesh Chandra, J)