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Patna High CourtCR. MISC./36092/2018bail granted

Sitapati Devi v. The State Of Bihar

2018-07-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36092 of 2018 Arising Out of PS.Case No. -290 Year- 2017 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ====================================================== Sitapati Devi, Wife of Arjun Kewat, Resident of Birju Milki, Police StationHarnaut (Chero), District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh, Advocate. For the informant : Mr. Rabindra Prasad Singh, Advocate For the Opposite Party/s : Mr. Rajesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-07-2018 Heard learned counsel for the petitioner, learned counsel for the informant and the State.

The petitioner apprehends her arrest in Harnaut (Chero) P.S. Case No. 290 of 2017, instituted for the offence under Sections 304(B)/34 of the Indian Penal Code. Counsel for the petitioner has submitted that petitioner is mother-in-law of the deceased. It has further been submitted that husband of the deceased is already in custody. In the written report there is general and omnibus allegation against the petitioner.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the

Patna High Court Cr.Misc. No.36092 of 2018 (4) dt.13-07-2018 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Harnaut (Chero) P.S. Case No. 290 of 2017, she shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif, subject to the conditions as laid down under Section 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 her absence on two consecutive dates without proper and reasonable reason will be liable to cancel her bail bond and (3) if petitioner tampers 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) S.Ali/- Rohit Kr.

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