Jhaliya Devi @ Sarsawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44382 of 2015 Arising Out of Sadar PS.Case No. -462 Year- 2014 Thana -HAJIPUR SADAR District- VAISHALI (HAJIPUR) ====================================================== Jhaliya Devi @ Saraswati Devi, W/o Darveshwar Sahni, resident of village Thathan, P.S. Hajipur Sadar, District Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vasant Vikas, Adv. For the State : Mr. Sunil Kr. Panday, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 13-10-2015 Heard learned counsel for the Petitioner and the State. The Petitioner seeks anticipatory bail in a case instituted for the offence under Sections 147, 148, 149, 447, 452, 435, 120(B), 384, 379, 436 of the Indian Penal Code and Section 17 of C.L.A. Act and 13 U.A.P. Act.

Considering that the Petitioner is a lady and she has no criminal antecedent, let the Petitioner in the event of surrender, named above, within four weeks from the date of receipt of this order, in connection with Sadar P.S. Case No. 462 of 2014, shall be released on anticipatory bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the Court concerned to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur,

Patna High Court Cr.Misc. No.44382 of 2015 (2) dt.13-10-2015 2/2 subject to the following conditions: (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the affidavit shall clearly state that the Petitioner is not an accused in any other case and if she is, she shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioner is implicated in any other case of similar nature after her release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.

(iv) That the Petitioner will give an undertaking that she will receive the police papers on the given date and be present on date fixed for charge and if she fails to do so on two given dates and delays the trial in any manner, her bail will be liable to be cancelled for reasons of misuse. (v) That the Petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled.

(Anjana Prakash, J) S.Ali/- U T