Jhuniya Devi @ Anjani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18546 of 2015 Arising Out of PS.Case No. -30 Year- 2015 Thana -SABAUR District- BHAGALPUR ====================================================== Jhuniya Devi @ Anjani Devi Wife of Pintu Sahni Resident of Village - Kagji Tola , Kahalgaon, P.S. Kahalgaon, District- Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Madhuri Lata(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 15-06-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation for offence under sections 304B, 120B, 328, 201 of the Indian Penal Code and that the petitioner is the married sister-in-law (Nanad) claiming to be separate in mess and business and that the main allegation of torture is primarily against the husband, the brother of the petitioner, this Court would be inclined to grant privilege of anticipatory bail to the petitioner.

That being so, if the petitioner, Jhuniya Devi @ Anjani 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Md. Saleem, Judicial Magistrate, Bhagalpur in Sabour P.S.Case No. 30/2015, subject to the following conditions:

Patna High Court Cr.Misc. No.18546 of 2015 (2) dt.15-06-2015 (i) That both the bailors will be a close relative of the petitioner who will give 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 bailor shall also state on affidavit that he 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.

(iii) 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. (iv) That the petitioner will be well represented on each and every date 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.

surendra/- (Mihir Kumar Jha, J) U