Patna High CourtCR. MISC./48728/2017allowed

Sarita Devi v. The State Of Bihar

2017-11-10Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48728 of 2017 Arising Out of PS. Case No.-326 Year-2015 Thana- WAJIRGANJ District- Gaya ====================================================== Sarita Devi, Wife of Sanjay Prasad, Resident of Village- Nadsena, Police Station- Sitamarhi, District- Nawada.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gouranga Chatterjee For the Opposite Party/s :

Mr. SATYADEV PRASAD SINGH YADAV ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-11-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Wazirganj Police Station Case No. 326 of 2015, disclosing offence under Section 304B/34 of the Indian Penal Code. The petitioner is the married sister of the husband of the deceased.

Learned Counsel for the petitioner has submitted that the mother-in-law has been granted anticipatory bail and the husband has been granted regular bail by this Court. According to him, the petitioner has been implicated only because of her relationship with the husband of the deceased. I find substance in the submission so advanced on behalf of

Patna High Court Cr.Misc. No.48728 of 2017(2) dt.10-11-2017 2/2 the petitioner.

This application is, accordingly, allowed.

Let the petitioner, Sarita Devi, 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 Judicial Magistrate, 1st Class, Gaya, in connection with Wazirganj Police Station Case No. 326 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present herself before the police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bond shall be liable to be cancelled.

Prabhakar Anand/- (Chakradhari Sharan Singh, J) U √ T √