Sundri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16987 of 2017 Arising Out of PS.Case No. -47 Year- 2016 Thana -BHAGWANGANJ District- PATNA ======================================================

1. Sundri Devi Wife of Sudeshwar Yadav @ Mahajan, Resident of VillageKhainiya, P.S.- Bhagwanganj, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-05-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in a case registered under Sections 304(B), 201/34 of the Indian Penal Code and 3 / 4 of Dowry Prohibition Act.

It has been submitted on behalf of the petitioner that the husband of the deceased is in jail custody. The petitioner is the mother-in-law of the deceased. There is general and omnibus allegation against her. It is mentioned in the impugned order that the witnesses have stated in paras 16,17 and 18 of the case diary that the deceased was ill and she was taken to Masaurhi hospital from where she was referred to Patna but she died. They also stated that the father of the deceased had also taken part in the cremation of the dead body.

Patna High Court Cr.Misc. No.16987 of 2017 (2) dt.15-05-2017 2/2 Considering the aforesaid the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. Let, above named petitioner, in the event of her arrest/surrender in the court below within six weeks from today, 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 Sri Ranjay Kumar, learned Judicial Magistrate, 1st Class, Masaurhi in connection with Bhagwanganj P.S.Case No. 47 of 2016, subject to the conditions as laid down u/s 438(2) Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bonds of the petitioner and (3) if petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) singh/- U T