Satyam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14963 of 2015 Arising Out of PS.Case No. -384 Year- 2014 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ====================================================== Satyam Devi Wife of Rajkumar Yadav, Resident of Village - Kharthua, P.S. - Harnaut (Gokhulpur), Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Md.Nazir Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 13-08-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioner for offence under Section 304B/34 of the Indian Penal Code and that the petitioner is the mother-in-law whose son, the husband of the deceased is already in jail, this Court, taking into account both the age as well as the petitioner having no criminal antecedent, would be inclined to grant her privilege of anticipatory bail. That being so, if the petitioner, namely, Satyam Devi surrenders before the court below within a period of four weeks from today, she shall be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount to the satisfaction of the learned Judicial Magistrate, 1st Class, Nalanda at Biharsharif in connection with Harnaut P.S.Case No. 384 of 2014, subject to the following conditions:

(i) That both the bailors will be close family relatives of the

Patna High Court Cr.Misc. No.14963 of 2015 (4) dt.13-08-2015 2/2 petitioner, who will undertake an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if she is, she shall not be released on bail.

(iii) That the bailors shall also state on affidavit that they will inform the court concerned, if the petitioner is implicated in any other case of similar nature after her release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of her bail on the ground of misuse.

(iv) That the petitioner will be well represented on each and every date in course of trial and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled on this ground alone.

(Mihir Kumar Jha, J) Sujit/- U