Runa @ Smita v. The State Of Bihar
Patna High Court Cr.Misc. No.28172 of 2015 (4) dt.29-04-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28172 of 2015 Arising Out of PS.Case No. -221 Year- 2014 Thana -PAKARIBARAW District- NAWADA ====================================================== Runa @ Smita D/o Rambilash Yadav R/o Village Datraul, P.S. Pakri Barawan, District Nawada.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 29-04-2016 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends her arrest for the offences alleged under Sections 365, 302, 201, 120(B) of the Indian Penal Code registered in connection with Pakribarawan P.S. Case No. 221 of 2014.
3. It is submitted that the petitioner has been falsely implicated merely on the confessional statement of co-accused. The petitioner claims clean antecedents who is a student of B.Sc. Part II. It is further submitted that other similarly situated coaccused have been granted anticipatory bail by this Court in Cr. Misc. No. 33954 of 2015.
4. Learned APP on the other hand opposes the anticipatory bail petition on the basis of para 122 of the case diary
Patna High Court Cr.Misc. No.28172 of 2015 (4) dt.29-04-2016 containing the statement of the co-accused Ram Bilash Yadav, who is none other than the father of the petitioner who has confessed to have been committed the murder along with other persons.
5. Having regard to the entirety of the facts and circumstances, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M., Nawada in connection with Pakribarawan P.S. Case No. 221 of 2014 subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:
(i) The petitioner shall cooperate with the investigation and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (ii) The petitioner will be well represented on each and every date and if she fails to do so on two consecutive dates, her bail bond will be liable to be cancelled by the Court concerned. (Vikash Jain, J) Chandran U T