Gayatri Devi vs The State Of Bihar on 14 March, 2019

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Patna High Court - Orders

Gayatri Devi vs The State Of Bihar on 14 March, 2019

Bench: Vikash Jain

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75687 of 2018
                    Arising Out of PS. Case No.-43 Year-2018 Thana- BISHUNPUR District- Darbhanga
                 ======================================================
                 Gayatri Devi W/o Bal Govind Pathak Resident of Village-Baghla, P.S.
                 Vishanpur, Distt.-Darbhanga

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Tej Pratap Singh, Adv.
                 For the Opposite Party/s :      Mr. Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
                                       ORAL ORDER

3   14-03-2019

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 341, 342, 323, 186, 228, 353, 379, 504, 506 and 34 Indian Penal Code registered in connection with Bishanpur P.S. Case No. 43/2018.

3. It is submitted that the petitioner has been falsely implicated on the accusation that she handed a sword to her son Manish Pathak to assault the informant, is highly improbable in nature. There is no injury report to corroborate the accusation of assault, by co-accused Manish Pathak, with sword. The accusation of snatching Titan Watch, against co-accused Bal Govind Pathak is mere embellishment. The petitioner is a lady claiming clean antecedent.

Patna High Court CR. MISC. No.75687 of 2018(3) dt.14-03-2019 2/3 Be that as it may, having regard to the entirety of the facts and circumstances, in the event of petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the abovenamed petitioner be released 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 VIIth, Darbhanga in connection with Bishanpur P.S. Case No. 43/2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) The petitioner shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, her bail bond Patna High Court CR. MISC. No.75687 of 2018(3) dt.14-03-2019 3/3 shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) vinita/-

U        T

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Patna High Court - Orders