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Patna High CourtCR. MISC./53681/2016allowed

Rajkumari Devi v. The State Of Bihar

2017-02-14Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.53681 of 2016 (3) dt.14-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53681 of 2016 Arising Out of PS.Case No. -82 Year- 2003 Thana -BEGUSARAI GRP CASE DistrictBEGUSARAI ======================================================

1. Rajkumari Devi wife of Brij Nandan Jha, resident of Village- Chilhaye, P.S.- Teghra, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Babita Kumari For the Opposite Party/s : Mr. Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-02-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Barauni Rail Police Station Case No. 82 of 2003, disclosing offences under Sections 304-B, 201 and Section 498A/34 of the Indian Penal Code. Learned Counsel for the petitioner has submitted that there is general and omnibus allegation against this petitioner and no specific overt act is attributed to her. Moreover, the husband of the deceased as well as the husband of the petitioner i.e. the father-in-law of the deceased were put on trial in Session Trial No. 456 of 2005 and they have been acquitted by the learned trial court after considering the version

Patna High Court Cr.Misc. No.53681 of 2016 (3) dt.14-02-2017 of the witnesses, who were examined by the prosecution, vide judgment and order dated 31.03.2006. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of her 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 Railway Judicial Magistrate, Begusarai, in connection with Barauni Rail Police Station Case No. 82 of 2003, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T