Patna High CourtCR. MISC./44732/2016bail granted

Sugiya Devi v. The State Of Bihar

2016-10-28Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44732 of 2016 Arising Out of PS.Case No. -4 Year- 2015 Thana -BHADWAR DistrictGAYA =====================================

1. Sugiya Devi, wife Auran Yadav, resident of VillageDudhpania Bhadwar, P.S.-Bhadwar, District-Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. S. Jamil Akhtar For the Opposite Party/s : Mr. Ahtash Ali Khan ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-10-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Bhadwar P.S. Case No. 4 of 2015, disclosing offences under Sections 304(B)/34 of the Indian Penal Code.

The petitioner is the mother-in-law of the deceased.

Learned counsel for the petitioner has submitted that though there is specific allegation against the husband of the deceased of causing physical and mental torture on

Patna High Court Cr.Misc. No.44732 of 2016 (2) dt.28-10-2016 2/2 the deceased, there is no such allegation against the petitioner. He has also submitted that since the petitioner is a lady, there is no likelihood that she will fleeing from the course of investigation or trial, if granted the privilege of anticipatory bail.

Considering the submission, as above, this application is allowed. 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Sherghati, Gaya, in connection with Bhadwar P.S. Case No. 4 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.

(Chakradhari Sharan Singh, J.) Praveen-II/-c U T