Karuna Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.39629 of 2017 (2) dt.28-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39629 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -BARAHIYA District- LAKHISARAI ======================================================

1. Karuna Devi W/o Niwas Singh, R/o Village- Dhiradah, P.S.- Barahiya, District- Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jai Prakash Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-08-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Barahiya Police Station Case No. 30 of 2017/ G.R. No. 220 of 2017, disclosing offences under Sections 364/34 of the Indian Penal Code and subsequently 302 and 201 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the name of this petitioner has been surfaced in this case merely on suspicion, which is evident from the F.I.R. itself. In fact, the petitioner happens to be the mother of the co-accused, Bharti Kumari, who is said to be

Patna High Court Cr.Misc. No.39629 of 2017 (2) dt.28-08-2017 in live in relationship with deceased Gupteshwar Kumar. She has no knowledge about any affairs of her daughter with the deceased. Moreover, the name of this petitioner has also not surfaced in the confessional statement of the husband of the petitioner. Hence, the petitioner, who is said to be a patient of Cancer, deserves the privilege of anticipatory bail Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on 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, Lakhisarai, in connection with Barahiya Police Station Case No. 30 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T