Antiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9738 of 2018 Arising Out of PS.Case No. -588 Year- 2015 Thana -NAUBATPUR District- PATNA ======================================================

1. Antiya Devi Wife of Heera Choudhary Resident of Mohall-Gauri Shankar Mandir Gali (Gaighat) P.S.-Alamganj, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Shekhar Sharma For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Naubatpur P.S. Case No. 588 of 2015 instituted for the offence under Sections-302/201/34 of the Indian Penal Code.

It has been submitted that there is no eye witness of the occurrence. The name of the petitioner has been taken on the basis of suspicion.

In the written report, it is alleged that on the date of occurrence, father of the informant had gone along with his Ex-tenant Heera Choudhary @ Deepak Kumar but did not return back till night. The informant got information on 25-09-2015 that one dead body is lying in Naubatpur Police Station. The informant with her family members went to police station and saw the photograph of dead body of his father Ram Balak Singh. Thereafter, the informant went to

Patna High Court Cr.Misc. No.9738 of 2018 (2) dt.27-03-2018 Danapur Hospital and saw the dead body of his father. The informant has raised suspicion against this petitioner along with Heera Choudhary and others. This petitioner is wife of Heera Choudhary. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner No. 2 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 in Naubatpur P.S. Case No. 588 of 2015 to the satisfaction of Sri Kumar Madhavendra, learned Judicial Magistrate-Ist Class, Danapur 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 be liable to cancel his 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) A.K.V./- U T