Meera @ Miriya Devi And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.32532 of 2017 (2) dt.14-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32532 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -KATORIA District- BANKA ======================================================

1. Meera @ Miriya Devi W/o - Batli Yadav @ Batali Yadav resident of Village - Dhanvaran, P.S. - Katoriya, District - Banka.

2. Kavita Devi @ Sabita Devi W/o Rajesh Yadav @ Patalu Yadav resident of Village - Dhanvaran, P.S. - Katoriya, District - Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-07-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Katoria P.S. Case No. 02 of 2017 instituted for the offence under Sections304B, 328/34 of the Indian Penal Code. Petitioners are mother-in-law and Gotani of the deceased. As per written report, husband of the deceased forcibly put insecticide tablet in the mouth of deceased, who subsequently, died in the hospital in course of treatment.

In the written report, there is no any other allegation of overt act against these petitioners.

In such circumstances, prayer for anticipatory bail is allowed it is ordered that the petitioners named above, in the event

Patna High Court Cr.Misc. No.32532 of 2017 (2) dt.14-07-2017 of their arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Katoria P.S. Case No. 02 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Banka subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners 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 bond of the petitioners and (3) if petitioners 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 petitioners.

(Sanjay Priya, J) A.K.V./- U T