Amabashiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16002 of 2017 Arising Out of PS.Case No. -336 Year- 2016 Thana -NATHNAGAR District- BHAGALPUR ====================================================== Amabashiya Devi, wife of Late Sakhichan Mehtor, resident of VillageNagar Chowki, Niyamatpur, Harijan Tola, P.S. Nath Nagar, DistrictBhagalpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Dr. Manoj Kumar, Advocate. For the Opposite Party/s : Mr. Ram Sevak Choudhary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-05-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Nath Nagar P.S. Case No. 336 of 2016 instituted for the offence under Sections 304B/34 of the Indian Penal Code.

It has been submitted that the husband of the deceased is already in custody. The petitioner is mother-in-law of the deceased.

As per written report, there is general and omnibus allegation against the petitioner.

Considering the facts and circumstances of the case as also the fact that petitioner is a lady, 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

Patna High Court Cr.Misc. No.16002 of 2017 (2) dt.04-05-2017 2/2 connection with Nath Nagar P.S. Case No. 336 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 learned Additional Chief Judicial Magistrate, Bhagalpur, 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