Most. Rajkali Devi @ Most. Rajiya Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.36825 of 2015 (2) dt.10-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36825 of 2015 Arising Out of PS.Case No. -455 Year- 2014 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Most. Rajkali Devi @ Most. Rajiya Devi Wife of Late Kishori Bhagat resident of village - Batrawaliya, P.S. Muffasil Motihari, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Chandra For the Opposite Party/s : Mr. M.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-09-2015 Heard learned senior counsel for the petitioner and learned counsel appearing on behalf of the State. This application for grant of anticipatory bail arises out of Motihari Mufassil P.S. Case No. 455of 2014, disclosing offences under Sections 302,120B/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that over and above suspicion is raised against the petitioner that she might have been instrumental in killing the deceased as she was having extra marital relationship with the husband of the deceased. Considering the said submission coupled with the fact that the petitioner is a lady and there is no chance of her tampering with the evidence, I am inclined to grant the privilege of

Patna High Court Cr.Misc. No.36825 of 2015 (2) dt.10-09-2015 anticipatory bail to the petitioner.

This application is allowed. Let petitioner above named in the event of her arrest or surrender within six weeks from today in the Court below, 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 learned Chief Judicial Magistrate, Motihari in Motihari Mufassil P.S. Case No. 455 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present herself before the police/Court, as the case may be, and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bonds shall liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U