Kundan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36711 of 2017 Arising Out of PS.Case No. -125 Year- 2017 Thana -GOGRI District- KHAGARIA ====================================================== Kundan Devi D/o Late Binodi Yadav, R/o Village- Siswa, P.S.- Gogri, District- Khagaria, at present W/o Chandra Kishore Yadav, R/o VillageKumarchak, P.S.- Muffasil, District- Khagaria. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vivekanand Singh, Advocate For the Opposite Party/s : Mr. Ganesh Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-08-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending her arrest in connection with Gogri P.S. Case No. 125 of 2017 registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.

Petitioner is married Nanad of the deceased and the case is under Section 304B IPC.

It has been submitted on behalf of the petitioner that petitioner is married Nanad and police after investigation has not sent up the petitioner for trial but learned Magistrate differing with the police has taken cognizance of the offence against the petitioner.

Heard learned APP also.

Having heard both sides and in view of facts and circumstances, let the petitioner, named above, surrender in the court within a period of four weeks from the date of receipt/production of a copy of this order and on her so

Patna High Court Cr.Misc. No.36711 of 2017 (2) dt.18-08-2017 2/2 surrendering she shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Sri Brajesh Kumar, Judicial Magistrate, 1st Class, Khagaria, in connection with Gogri P.S.Case No. 125 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that :- (i) One of the bailors should be a local person having sufficient immoveable properties within the jurisdiction of court concerned, (ii) Petitioner shall co-operate in the investigation and make herself available before the police as and when required and in the event of failure on her part to appear before the police on two consecutive dates, the prosecution shall be free to move for cancellation of her bail bond, (iii) Petitioner will not induce any witness or tamper with the evidence.

(Vinod Kumar Sinha, J) spal/- U