Sulochana Devi @ Sulochana v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12301 of 2018 Arising Out of PS. Case No.-66 Year-2014 Thana- FULKAHA District- Araria ====================================================== Sulochana Devi @ Sulochana, W/o Ganpati Yadav, R/o Village- Shankarpur , Kaptanganj, P.S.- Kaptanganj, Distt.- Sunsari (Nepal). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh For the Opposite Party/s :

Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-04-2018 Heard learned counsel for the petitioner and the State.

The petitioner apprehends arrest in Fulkaha P.S. Case No. 66 of 2014 instituted for the offence under Sections 302,201,34 of the IPC.

The informant has alleged that dead body of her husband was found lying in side of Indian Territory, 50 meters away from the Indo-Nepal border. The informant has further alleged that a dispute was going on between her husband and Pintu Yadav and Doma Yadav prior to the occurrence. Pintu Yadav threatened her husband not to chase his sister(petitioner), otherwise he would kill him(deceased). Informant has raised suspicion against this petitioner of killing her husband with the help of accused persons.

Counsel for the petitioner has submitted that beside

Patna High Court Cr.Misc. No.12301 of 2018(3) dt.06-04-2018 2/2 suspicion there is no allegation of overt act against this petitioner.

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 bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Fulkaha P.S. Case No. 66 of 2014 to the satisfaction of the learned Judicial Magistrate 1st Class, Araria, 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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the 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.