Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55062 of 2017 Arising Out of PS.Case No. -321 Year- 2017 Thana -PIRBAHOR District- PATNA ====================================================== Shanti Devi, Wife of Lal Babu Prasad @ Lallu Yadav, R/O Makhaniakuan, Babu Tola, P.S.- Pirbahore, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate. For the Opposite Party/s : Mr. Uday Chand Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Pirbahore P.S. Case No. 321 of 2017 instituted for the offence under Sections 147, 149 and 302 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that she is wife of Lal Babu Prasad @ Lallu Yadav.

It has been submitted that some altercation took place between son of the informant Bablu Kumar with tenant of Lallu Yadav namely, Mukesh Kumar and others over parking of Scooty. It is alleged that thereafter, this petitioner and other accused persons forcibly dragged the son of the informant and assaulted him on account of which he died. It has further been submitted that Manoj Yadav @ Manoj Kumar Yadav @ Manoj Kumar, son of Lal Babu Prasad @ Lallu Yadav has already been granted anticipatory bail by this Court

Patna High Court Cr.Misc. No.55062 of 2017 (2) dt.16-11-2017 2/2 vide order dated 07.11.2017 passed in Cr. Misc. 52740 of 2017. 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 Pirbahore P.S. Case No. 321 of 2017, she 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, Patna, 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.Ali/- U T