Patna High CourtCR. MISC./589/2015bail granted

Pushpa Devi And ANR v. The State Of Bihar

2015-01-08Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.589 of 2015 (2) dt.08-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.589 of 2015 Arising Out of PS.Case No. -132 Year- 2014 Thana -GORAUL District- VAISHALI(HAJIPUR) ======================================================

1. Pushpa Devi

2. Raghunath Ram .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s Mr. Anil Kr.Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 08.01.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Goraul P. S. case no. 132/2014 registered under section 304B/34 of the IPC. Admittedly, petitioner no.1 is Gotani whereas petitioner no.2 is father-in-law of the deceased.

Although case has been registered under section 304B/34 of the IPC but no specific overt-act has been attributed against petitioner no.1. So far as petitioner no.2 is concerned, there is specific allegation of committing murder of deceased against him. Considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind status of the petitioner no.1 in her matrimonial home, this anticipatory bail petition in respect of petitioner no.1 is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let petitioner no.1, Pushpa Devi, be

Patna High Court Cr.Misc. No.589 of 2015 (2) dt.08-01-2015 released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Vaishali in Goraul P. S. case no. 132/2014 subject to condition as laid down under section 438(2) of the Cr.P.C.

So far as prayer for anticipatory bail of petitioner no.2, Raghunath Ram is concerned, the same stands rejected. However, if the petitioner no.2 surrenders and prays for regular bail, this order shall not cause any prejudice to the concerned court.

shahid (Hemant Kumar Srivastava,J) U T