Dulariya Devi @ Dulari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26341 of 2017 Arising Out of PS.Case No. -611 Year- 2016 Thana -PHULWARI District- PATNA ======================================================
1. Dulariya Devi @ Dulari Devi W/o Bishun Dayal Rai, Resident of Phulia Toal, P.S.- Phulwarisharif, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prashant Kumar For the Opposite Party/s : Mr. Sri Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Phulwarishariff P.S. Case No. 611 of 2016 instituted for the offence under Section-304(B) of the Indian Penal Code.
Counsel for the petitioner has submitted that petitioner is mother-in-law of the deceased. There is general and omnibus allegation against her. The husband of the deceased is already in custody. As per written report, the sister of the informant was married with Ranjeet Yadav in the year, 2013. She was tortured for demand of Rs. 5,00,000/- After the marriage, a male child was also born. The informant got information that his sister has died in her Sasural. He went to the sasural of his sister and found ligature mark on the neck of his sister.
In this manner, from the written report, it appears that there
Patna High Court Cr.Misc. No.26341 of 2017 (3) dt.01-07-2017 2/2 is general and omnibus allegation against the petitioner. The petitioner is a lady.
In such circumstances, prayer for anticipatory bail is allowed it is ordered that the petitioner named above, in the event of her arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Phulwarishariff P.S. Case No. 611 of 2016 to the satisfaction of Mrs. Shema Eram, learned Judicial Magistrate-Ist Class, Patna subject to condition as laid down u/S 438(2) of the 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 petitioners 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) A.K.V./- U T