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Patna High CourtCR. MISC./34709/2013bail granted

Gouri Devi v. The State Of Bihar

2015-01-23Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34709 of 2013 Arising Out of PS.Case No. -18 Year- 2013 Thana -SANHOLA District- BHAGALPUR ======================================================

1. Gouri Devi, W/O Prakash Yadav, resident of Mahadevapur, P.S. Sanhaulla, District Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiwesh Chandra Mishra, Advocate For the Opposite Party/s : Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 6/ 23-01-2015 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends her arrest in a case instituted for the offence under Section(s) 306/34 Indian Penal Code.

Considering that it is a case under Section 306 Indian Penal Code and report of Forensic Science Laboratory shows that Thimate, a highly poisonous substance, was found in the viscera of the deceased, it is ordered that in the event of surrender/arrest of the Petitioner, named above, within four weeks from the date of receipt/production of a copy of this order in connection with Sanhaulla P.S. Case No.18 of 2013, she shall be released on anticipatory bail on furnishing bail bond of `5,000/- (five thousand) with two sureties of the like amount each

Patna High Court Cr.Misc. No.34709 of 2013 (6) dt.23-01-2015 2/2 or any other surety to be fixed by the court below to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, subject to the conditions as laid down under sections 438(2) Cr. P. C. and (i) That one of the bailors will be a close relative of the Petitioner, who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailors will undertake to furnish information to the court about any change in the address of the Petitioner, (ii) That the Petitioner will give an undertaking that she will receive the police papers on the given date and be present on 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, and (iii) That the Petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled. Let the report of the Forensic Science Laboratory be returned under proper sealed cover.

(Anjana Prakash, J) JA/- U T