Dhanwanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34343 of 2016 Arising Out of PS.Case No. -161 Year- 2015 Thana -RAJAPAKAR District- VAISHALI(HAJIPUR) ======================================================
1. Dhanwanti Devi, W/o Late Jhaman Rai, R/o village - Randaha East Tola, P.S. Rajapakar, District - Vaishali .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mrs. Rina Sinha, Advocate For the Opposite Party/s : Mr. Ahtash Ali Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 20-04-2017 Heard learned counsel for the Petitioner and the State.
The Petitioner apprehends her arrest in Rajapakar (Baranti OP) P.S. Case No.161 of 2015 instituted for the offence under Section(s) 302/34 Indian Penal Code.
It has been submitted that petitioner is Bhabhi of the informant. She has falsely been implicated in this case. As per written report, informant came to Patna with two wives, namely, Sarita Devi and Neelam Devi (since deceased). It is alleged that this petitioner along with first wife of the informant, Sarita Devi, and with help of his brother, Surendra Rai, committed murder of second wife of the informant, namely, Neelam Devi.
Case diary has been received.
The learned APP has submitted that there is no eye
Patna High Court Cr.Misc. No.34343 of 2016 (5) dt.20-04-2017 2/2 witness to the occurrence making any specific allegation against the petitioner.
Petitioner is a lady.
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 Rajapakar (Baranti OP) P.S. Case No.161 of 2015, she 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 ACJM VII, Vaishali at Hajipur, 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.