Shyambati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35539 of 2017 Arising Out of PS.Case No. -219 Year- 2017 Thana -NARPATGANJ District- ARRARIA ====================================================== Shyambati Devi, W/o Kishor Rishideo, Resident of Village Farhi Raharia Tola P.S. Narpatganj, District Araria.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Prasad Singh, Advocate. For the Opposite Party/s : Mr. Shailendra Kumar -2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Narpatganj P.S. Case No. 219 of 2017 instituted for the offence under Sections 304(B) and 34 of the Indian Penal Code. It has been submitted that petitioner is mother-in-law of the deceased. The husband is already in custody. It has further been submitted that the petitioner has been falsely implicated in this case merely on suspicion.
In the written report it is alleged that daughter of the informant namely Sanjula Devi was married with Domi Rishideo about four years back. After marriage she was blessed with a son. She has been done to death for non-fulfillment of demand of dowry. There is general and omnibus allegation against the
Patna High Court Cr.Misc. No.35539 of 2017 (4) dt.22-09-2017 2/2 petitioner.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Narpatganj P.S. Case No. 219 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, 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) S.