Shakuntala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20265 of 2023 Arising Out of PS. Case No.-180 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== SHAKUNTALA DEVI Wife of Birendra Singh @ Birendra Prasad Singh Resident of Village - Senuwariya, P.O.- Misrauliya, P.S.- Chiraiya, District - East Champaran, Bihar, Pin - 845415.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Opposite Party/s :

Ms.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Chiraiya P.S. Case No.180 of 2022 registered under Sections 363, 366/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Similarly situated co-accused has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 02.11.2022 passed in Cr.Misc.No.39299 of 2022 (Annexure 4).

Having considered the fact that similarly situated coaccused has already been granted anticipatory bail by a

Patna High Court CR. MISC. No.20265 of 2023(2) dt.24-06-2023 2/3 coordinate Bench of this Court (Annexure 4), let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., East Champaran, Motihari in connection with Chiraiya P.S. Case No.180 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and with other following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the

Patna High Court CR. MISC. No.20265 of 2023(2) dt.24-06-2023 3/3 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Arvind Srivastava, J) Harish/- U T