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Patna High CourtCR. MISC./1390/2017allowed

Babita Devi v. The State Of Bihar

2017-01-19Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.1390 of 2017 (2) dt.19-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1390 of 2017 Arising Out of PS.Case No. -44 Year- 2016 Thana -SAHPUR District- PATNA ======================================================

1. Babita Devi W/o Santosh Keshari, R/o Shahpur, P.S.-Shahpur, Districtpatna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-01-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner is apprehending his arrest in connection with Shahpur P.S. Case No. 44 of 2016 registered for the offence punishable under Sections 304 (B) and 201, 34 of the Indian Penal Code.

3.

Learned counsel for the petitioner has submitted that petitioner happens to be Gotni of the victim-deceased and lived separately from Vikash Kumar, husband of the victim. She has no concern with the affairs of Vikash Kumar. There is no allegation of torture as well as illegal demand against this petitioner. Moreover, coaccused, namely, Sushila Devi and Sidheshwar Prasad Keshari, have been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 480 of 2017. Hence, the petitioner also deserves the

Patna High Court Cr.Misc. No.1390 of 2017 (2) dt.19-01-2017 privilege of anticipatory bail.

4.

Considering the facts and circumstances of the case and the nature of allegation made against this petitioner, let the petitioner, above named, in the event of his 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 enlarged on bail on furnishing bond of Rs. 10,000 (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of A.C.J.M., Danapur in connection with Shahpur P.S. Case No. 44 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Arvind Srivastava, J) brajesh/- U T