Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2925 of 2018 Arising Out of PS.Case No. -132 Year- 2017 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. Sunita Devi W/o Late Subhash Chandra Sada, R/o Village- Itehara (Gamharia), P.S.- Sour Bazar, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raja Surendra Mohan For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Saur Bazar (Baijnathpur O.P.) P.S. Case No. 132 of 2017 instituted for the offence under Section-302 & other minor Sections of the Indian Penal Code. It has been submitted that there is no allegation of specific overt act against this petitioner.

It is alleged in the written report that this petitioner along with Madina Khatoon caught hold the brother of the informant and other accused persons as named in the written report, assaulted him on account of which, he became seriously injured and later on, was declared dead in the hospital.

This petitioner is a lady and there is no allegation of specific overt act against her. It has been mentioned in paragraph-3 of the petition that the petitioner has clean antecedent.

Patna High Court Cr.Misc. No.2925 of 2018 (2) dt.19-01-2018 2/2 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 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Saur Bazar (Baijnathpur O.P.) P.S. Case No. 132 of 2017 to the satisfaction of Sri S.K. Modi, learned Chief Judicial Magistrate, Saharsa 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 date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will liable to 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) A.K.V./- U T