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Patna High CourtCR. MISC./16022/2017bail granted

Rekha Devi v. The State Of Bihar

2017-05-05Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16022 of 2017 Arising Out of PS.Case No. -352 Year- 2016 Thana -MANER District- PATNA ====================================================== Rekha Devi, wife of Subhash Pandit, resident of village- Newati , MohallaManer, P.S.- Maner, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suneil Kumar Thakur, Advocate. For the Opposite Party/s : Mr. Parmeshwar Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-05-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Maner P.S. Case No. 352 of 2016 instituted for the offence under Sections 304B/34 of the Indian Penal Code.

It has been submitted that husband and father-in-law of the deceased are already in custody. Petitioner is mother-in-law of the deceased. She has no concern with the affairs between husband and the deceased.

From the written report it appears that there is general and omnibus allegation against this petitioner. From the impugned order also it appears that there is no any specific overt act against this petitioner. Petitioner is a lady.

Patna High Court Cr.Misc. No.16022 of 2017 (2) dt.05-05-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Maner P.S. Case No. 352 of 2016, she shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Shri Randhir Kumar, learned Judicial Magistrate, 1st Class, Danapur, Patna, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,

(2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T