Rita Devi @ Lalita Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.26737 of 2017 (2) dt.06-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26737 of 2017 Arising Out of PS.Case No. -94 Year- 2017 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. Rita Devi @ Lalita Devi W/o- Amit Das @ Laddu Das, resident of Village- Maskan Bararipur, P.S.- Nathnagar, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned Addl. Public Prosecutor for the State.

The petitioner apprehends her arrest in Nathnagar P.S. Case No. 94 of 2017 instituted for the offence under Sections304(B)/34 of the Indian Penal Code. It is submitted that the petitioner is Gotani of the deceased. The husband of the deceased is already in custody. From the fardbyan, it appears that there is general and omnibus allegation against the petitioner. It has further been submitted that having similar allegation, one co-accused namely, Gopal Das @ Ravi Shankar Prasad has a been granted anticipatory bail by a coordinate bench of this court by order dated 01-07-2017 passed in Cr. Misc. No. 27753 of 2017.

From the written report, it appears that there is general

Patna High Court Cr.Misc. No.26737 of 2017 (2) dt.06-07-2017 and omnibus allegation against the petitioner. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above in the event of her arrest/surrender in the court below within six weeks from today shall be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each in connection with Nathnagar P.S. Case No. 94 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Bhagalpur subject to conditions 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 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) A.K.V./- U T