Brinda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36894 of 2017 Arising Out of PS.Case No. -182 Year- 2015 Thana -BELHAR District- BANKA ======================================================

1. Brinda Devi, wife of Raju Singh @ Rajju Singh, resident of villageKadawara, P.S.- Belhar, District- Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Shree Niwas Singh, Advocate For the Opposite Party/s : Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 30-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends her arrest in Belhar P.S. Case No.182 of 2015 instituted for the offence under Section(s) 147, 148, 149, 341, 323, 324, 307, 504 Indian Penal Code. From the written report, it appears that there is no allegation of any specific overt act against the petitioner. It has been submitted that the petitioner is a lady. It has further been submitted that co-accused have been granted anticipatory bail by a co-ordinate Bench of this Court by order dated 21.03.2017 passed in Cr. Misc. No.8361 of 2017.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the

Patna High Court Cr.Misc. No.36894 of 2017 (3) dt.30-08-2017 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Belhar P.S. Case No.182 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 SubDivisional Judicial Magistrate, Banka, 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.

(Sanjay Priya, J) JA/- U T