Sobha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39287 of 2017 Arising Out of PS.Case No. -76 Year- 2017 Thana -ASHTHAWAN District- NALANDA (BIHARSHARIFF) ======================================================

1. Sobha Devi, Wife of Munna Yadav, Resident of Village- Mahmadpur, P.S.- Asthawa, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Asthawan P.S. Case No. 76 of 2017 instituted for the offence under Sections-302, 201, 379/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that petitioner is daughter-in-law of the informant. Her husband Munna Yadav is already in custody.

In the written report, it is alleged by the informant that he suspects that his wife has been murdered by his son Munna Yadav and his wife on account of land dispute. The informant has alleged that Munna Yadav wanted the sale deed to be executed with respect to one Katha of land from the wife of the informant in his favour. It has been submitted that the petitioner is a lady and mere suspicion has been raised against her.

Patna High Court Cr.Misc. No.39287 of 2017 (3) dt.13-09-2017 Counsel for the informant appeared and opposed the prayer for anticipatory bail.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of her arrest or surrender in the court below within six 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 Asthawan P.S. Case No. 76 of 2017 to the satisfaction of learned Assistant Chief Judicial Magistrate, Nalanda at Bihar Sharif 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 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) A.K.V./- U T