Prabhawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31758 of 2015 Arising Out of PS.Case No. -57 Year- 2015 Thana -MUFFASIL District- WEST CHAMPARAN(BETTIAH) ====================================================== Prabhawati Devi, Wife of Madan Ram, resident of village - Gurwaliya Naya Basti, Police Station - Manuapul, District - West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-10-2015 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending her arrest in connection with Bettiah Mufassil (Manuapul) P.S. Case No.57 of 2015 for allegedly having committed the offence under Sections 302, 201 and 120B/34 of the Indian Penal Code. Case diary in the present case was called for, which has since been received.

Learned counsel for the petitioner submits that the present case against the petitioner is based only on probability and is wholly misconceived. It is further submitted that it is alleged that the petitioner had taken away the deceased more than one year prior to the date of lodging of the case, yet in the wake of the fact that he was missing, no report was filed earlier

Patna High Court Cr.Misc. No.31758 of 2015 (3) dt.16-10-2015 2/2 and it is only subsequent thereto, that an F.I.R. was lodged making false and mischievous allegation. Learned counsel for the petitioner further submits that other similarly situated coaccused, namely, Ashok Ram, Santosh Ram, Rambabu Ram and Heeraman Sah have been extended the privilege of anticipatory bail by a Bench of this Court in Cr.Misc. No.23287 of 2015, vide order dated 1.8.2015.

Considering the aforementioned facts and circumstances, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 the learned Chief Judicial Magistrate, Bettiah, District-West Champaran, in connection with Bettiah Mufassil (Manuapul) P.S. Case No.57 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T