Punam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16064 of 2017 Arising Out of PS.Case No. -115 Year- 2016 Thana -BAKHRI District- BEGUSARAI ======================================================

1. Punam Devi, D/o Sunder Mahto @ Arun Mahto, resident of villageHemanpur, P.S. Bakhri, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nakul Kumar Jamuar, Advocate For the Opposite Party/s : Mr. Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 23-06-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends her arrest in Bakhri P.S. Case No.115 of 2016 instituted for the offence under Section(s) 302, 201/34 Indian Penal Code.

It has been submitted on behalf of the petitioner that she is the wife of the deceased.

As per allegation in the written report, deceased had gone to his Sasural for Bidagari of his wife (petitioner) and on next morning the informant received information that his son had consumed poison. The informant went to Sasural of his son (since deceased) and found family members of the Sasural had locked the house. The informant enquired from nearby people and came to know that his son had scuffle in Sasural with family members due to which family members of the Sasural had given him poison and his son has died.

Patna High Court Cr.Misc. No.16064 of 2017 (3) dt.23-06-2017 2/2 In this manner, from the written report itself, there is no allegation of any overt act against the petitioner, who is wife of the deceased.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Bakhri P.S. Case No.115 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st class, Begusarai, 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.