Patna High Court - Orders
Rita Devi @ Ritu Devi vs The State Of Bihar on 1 May, 2019
Author: Vinod Kumar Sinha
Bench: Vinod Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10398 of 2019
Arising Out of PS. Case No.-445 Year-2018 Thana- KESARIA District- East Champaran
======================================================
RITA DEVI @ RITU DEVI, Wife of Jagjit Kumar, R/o village- Hajipur, P.S-
Kesariya, District- East Champaran
... ... Petitioner
Versus
THE STATE OF BIHAR
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Kant Singh
For the Opposite Party/s : Mr.Satyendra Narayan Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
ORAL ORDER
4 01-05-2019Petitioner seeks bail in anticipation of her arrest in connection with Kesariya P.S. Case No. 445 of 2018, registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.
Allegation as per FIR is that husband of the petitioner caught hold of the informant and petitioner assaulted her by Axe.
Submission of learned counsel for the petitioner is that there was scuffle took place between the parties and informant happens to be sister-in-law of the petitioner and witnesses during course of investigation have not supported the allegation of assault, rather they have stated that marpit took place between the parties and petitioner herself received injuries and she is ready to abide by any condition that may be imposed Patna High Court CR. MISC. No.10398 of 2019(4) dt.01-05-2019 2/2 upon her.
Heard learned APP and learned counsel for the informant, who has opposed the prayer for anticipatory bail.
Having heard both sides and in the facts and circumstances, as stated above, let petitioner, above named, in the event of arrest or surrender within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-XI, East Champaran, Motihari, in connection with Kesariya P.S.Case No. 445 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned and further condition is that petitioner will not try to tamper with the evidence and will not threat to the informant.
(Vinod Kumar Sinha, J) spal/-
U T