IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20210 of 2010 USHA DEVI wife of Suraj Sharma, resident of Village Kathautia, P.S. Anti, Dist. Gaya….Petitioner. Versus STATE OF BIHAR O.P. ----------- For the petitioner : Mr. Ramakant Sharma, Advocate. For the State : Mr. Ram Priyasharan Singh, A.P.P. ---------- 2 16.6.2010 Heard the parties. In a criminal prosecution for offences under section 448, 435 and some other bailable and minor offences under the Penal Code as also under section 17 of the CLA Act the petitioner and few other persons are specifically named in the FIR as accused. It is submitted by learned counsel for the petitioner that the entire occurrence has taken place because of bona-fide land dispute between the parties and prior to this occurrence son of the petitioner was killed in a police encounter and for that members of prosecution party were instrumental. It is further submitted that petitioner is a lady and allegation that she is member of M.C.C is absolutely false and almost all offences of the I.P.C. are bailable and only offence under section 17 of the C.L.A. Act is non-bailable. The petitioner is stated to be in judicial custody since 3.4.2010. In the aforesaid facts and circumstances, the above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction C.J.M, Gaya in connection with Anti P.S. Case No. 11 of 2010, subject to the conditions : (a) That one of the bailors must be Govt. servant or close family - 2 - member of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner. (b) If the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. ( Birendra Prasad Verma, J. ) M.Rahman