Sawita Devi @ Rita Devi vs The State Of Bihar on 1 October, 2019

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Patna High Court - Orders

Sawita Devi @ Rita Devi vs The State Of Bihar on 1 October, 2019

Bench: Vikash Jain

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.61682 of 2019
                      Arising Out of PS. Case No.-105 Year-2019 Thana- BHARGAMA District- Araria
                 ======================================================
                 SAWITA DEVI @ RITA DEVI W/o Chandeshwari Yadav R/o Village- Nav
                 Tol, Dhaneshwari, Ward No. 10, P.S.- Bhargama, District- Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anil Prasad Singh
                 For the Opposite Party/s :       Mr.Ram Sumiran Rai
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
                                       ORAL ORDER

2   01-10-2019

Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 341, 323, 324, 307,354(B), 379,504/34 of the Indian Penal Code registered in connection with Bhargama P.S. Case No. 105/2019.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of land dispute and the petitioner is none other than the gotni of the informant. The petitioner is said to have assaulted the informant with iron rod on the right hand while the petitioner's husband is said to have assaulted the informant on the head with farsa. It is further submitted that medical opinion has been kept reserved with respect to the informant's injuries awaiting CT scan report. The petitioner is a lady claiming clean antecedents.

4. Be that it may, in the event of petitioner's arrest or surrender within four weeks hereof let the above named petitioner be released on provisional bail on furnishing bail bond of Rs.10,000/- [ten thousand] with two sureties of like amount Patna High Court CR. MISC. No.61682 of 2019(2) dt.01-10-2019 2/2 each to the satisfaction of Sri Kumud Ranjan. Learned J.M.Ist Class, Araria in connection with Bhargama P.S. Case No. 105/2019 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 except as and when directed by the learned Court below to be physically present, and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned..

5. The provisional bail granted to the petitioner shall be confirmed by the learned Court below upon verification within a further period of four weeks after furnishing bail bond, if no grievous injury has been caused on the right hand of the informant, conversely, her bail bond shall stand automatically cancelled.

(Vikash Jain, J) Chandran/-

U      T

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Patna High Court - Orders