Santoshi Kumari v. The State Of Bihar

Patna High Court Cr.Misc. No.30627 of 2017 (2) dt.12-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30627 of 2017 Arising Out of PS.Case No. -17 Year- 2017 Thana -MAHILA P.S. District- BHAGALPUR ======================================================

1. Santoshi Kumari, Wife of Shyam Kumar Singh, Resident of Dakshni Kasraur, P.S.- Ghanshyampur, District- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sudha Chandra For the Opposite Party/s : Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in connection with Mahila P.S. (Bhagalpur) P.S. Case No. 17 of 2017 registered under Sections-498A/341/323/420/506406 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

It has been submitted on behalf of the petitioner that the petitioner is first wife of Shyam Kumar Singh. There is allegation in the written report that Shyam Kumar Singh performed marriage with the daughter of the informant and when he went to meet his daughter, the petitioner along with others, abused him. He was not allowed to meet with his daughter and demanded Rs. 2,00,000/- In such manner, there is no allegation of specific overt act against the petitioner.

Accordingly, prayer for anticipatory bail of the petitioner is allowed and it is ordered that the petitioner named above, in the event

Patna High Court Cr.Misc. No.30627 of 2017 (2) dt.12-07-2017 of her arrest or surrender in the court below within four 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 Mahila P.S. (Bhagalpur) P.S. Case No. 17 of 2017 to the satisfaction of learned Sub Divisional Judicial Magistrate, Bhagalpur 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