← Library
Patna High CourtCR. MISC./60768/2017bail granted

Rina Devi v. The State Of Bihar

2017-12-19Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60768 of 2017 Arising Out of PS.Case No. -213 Year- 2017 Thana -JAGDIHSPUR District- BHOJPUR ======================================================

1. Rina Devi, wife of late Ratan Rawani, daughter of Santosh Rawani, resident of village- Barhara, P.S.- Barhara, District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 19-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends her arrest in Jagdishpur P.S. Case No.213 of 2017 instituted for the offence under Section(s) 302/34 Indian Penal Code.

Counsel for the petitioner has submitted that petitioner is wife of the deceased.

In the written report, it is alleged that petitioner came to his Sasural where he was poisoned to death by this petitioner and other co-accused persons as named in the written report.

The Sessions Judge has mentioned in the impugned order that it has come in the post mortem report that deceased died due to taking of poison. Mere suspicion has been raised

Patna High Court Cr.Misc. No.60768 of 2017 (2) dt.19-12-2017 2/2 against the petitioner.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Jagdishpur P.S. Case No.213 of 2017, she shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, XI, Bhojpur, Ara, 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) JA/- U T