Guria Kumari @ Guriya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30224 of 2014 Arising Out of PS.Case No. -82 Year- 2014 Thana -DANAPUR District- PATNA ====================================================== Guria Kumari @ Guriya, Wife of Sri Ashish Anand, Resident of Bajrangpuri Gayghat, P.S. - Alamganj, District - Patna .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tilak Sao, Advocate. For the Opposite Party/s: Mrs. Rina Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 14-01-2015 Heard learned counsel for the parties.
Admittedly, petitioner is a married Nanad facing allegation for offence under Sections 304B/34 of the Indian Penal Code and the husband has already surrendered and he is in jail. That being so, this Court would direct for release of the petitioner, namely, Guria Kumari @ Guriya, if she surrenders 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 each to the satisfaction of the learned Additional Chief Judicial Magistrate, Danapur in connection with Danapur P.S.Case No. 82 of 2014, subject to the following five conditions: (i) That both of the bailors will be a close relative of the petitioner, who will undertake an affidavit giving genealogy as to how they are
Patna High Court Cr.Misc. No.30224 of 2014 (2) dt.14-01-2015 2/3 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 an 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 bail on the ground of misuse. (iv) That the petitioner will give an undertaking that she will receive the police papers on the given date and be present on the date fixed for charge and if she fails to do so on two given dates and delays the trial in any manner, her bail will be liable to be cancelled for reasons of misuse.
(v) That the petitioner will be well represented on each and every date of trial and if she fails to
Patna High Court Cr.Misc. No.30224 of 2014 (2) dt.14-01-2015 3/3 do so on two consecutive dates, her bail will be liable to be cancelled on this ground alone.
(Mihir Kumar Jha, J) Sujit/- U