Nitu Kumari vs The State Of Bihar on 19 January, 2016

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Patna High Court - Orders

Nitu Kumari vs The State Of Bihar on 19 January, 2016

Bench: Dinesh Kumar Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.3001 of 2016
                  Arising Out of PS.Case No. -102 Year- 2015 Thana -UDAKISHANGANJ District- MADHEPURA
                 ======================================================
                 Nitu Kumari wife of Shri Ranjit Kumar Gupta

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

                                                                 .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :  Mr. Durgesh Kumar, Advocate
                 For the Opposite Party/s   : Mr. Madhuranand Jha(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
                 ORAL ORDER

2   19-01-2016

Heard learned counsels for the petitioner and the State.

The petitioner being the head mistress is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 379, 353, 504 and 34 of the Indian Penal Code.

It is alleged that the informant being Junior Engineer of Udakishunganj block was attending the meeting with teaches under the Chairmanship of the BEO, Udakishunganj for construction of toilet and kitchen when the petitioner being I/c headmistress of Primary School, Raghuvarganj demanded last installment of money which was allocated for building construction of the school. The request of the petitioner was refused on the ground of poor construction work then the petitioner called her husband when her husband and son abused and made assault to the informant.

Patna High Court Cr.Misc. No.3001 of 2016 (2) dt.19-01-2016

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It is submitted by learned counsel for the petitioner that there was some dispute with regard to quality of construction work for which the petitioner has already made a complaint levelling accusation against the informant. For the occurrence of 02.07.2015 at 04.00 pm, the FIR was registered on 03.07.2015 at 10.15 pm when the police station was only 200 yards away from the place of occurrence. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the accusation being levelled in the background of dispute with regard to construction of toilet and kitchen of the school and the petitioner being lady having no criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Madhepura in connection with Udakishunganj P.S. Case No.102/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/-

 U             T

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Patna High Court - Orders