Sitabiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12441 of 2018 Arising Out of PS.Case No. -324 Year- 2016 Thana -FATEHPUR District- GAYA ======================================================

1. Sitabiya Devi, Wife of Kuldeep Yadav, Resident of Village- Bhawari Kala, P.S.- Fatehpur, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sheikh Arkan Ahmad, Advocate For the Opposite Party/s : Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 08-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends her arrest in Fatehpur P.S. Case No.324 of 2016 instituted for the offence under Section(s) 147, 148, 149, 341, 323, 324, 307, 302 Indian Penal Code. Counsel for the petitioner has submitted that petitioner is not named in the First Information Report. Her name has come during investigation.

In the written report, there is allegation against coaccused, Sunil Yadav, of assaulting the son of the informant on head causing bleeding injury. It has further been submitted that other co-accused have already been granted anticipatory bail by this Court by order dated 30.6.2017 passed in Cr. Misc. No.27026 of 2017.

Patna High Court Cr.Misc. No.12441 of 2018 (2) dt.08-03-2018 2/2 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 Fatehpur P.S. Case No.324 of 2016, 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 Additional Chief Judicial Magistrate-X, Gaya, 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 her absence on two consecutive dates without proper and reasonable reason will be liable to cancel her bail bond 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) JA/- U T