Malti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60288 of 2017 Arising Out of PS.Case No. -119 Year- 2017 Thana -MAKER District- SARAN ======================================================

1. Malti Devi Wife of Shri Amar Nath Sharma, Resident of Village-Bhar Toli, Police-Station-Maker, District-Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shambhu Prasad Yadav, Advocate For the Opposite Party/s : Mr. Sri Ataur Rahman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor of the State.

The petitioner apprehends arrest in Maker P.S.Case No. 119 of 2017 registered for offences punishable under Sections 304 (B)/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner is mother-in-law of the deceased. There is general and omnibus allegation against this petitioner. He further submits that the husband of the deceased is already in custody. It appears from para-3 to this petition that the petitioner has clean antecedent. It is further submitted by the learned counsel counsel for the petitioner that the father-in-law was granted bail by an order dated 13.12.2017 passed in Cr. Misc. No. 60263 of 2017.

Patna High Court Cr.Misc. No.60288 of 2017 (3) dt.05-01-2018 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 anticipatory bail on furnishing bail bond of Rs. 10,000/-(Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- XII, Saran in connection with Maker P.S.Case No. 119 of 2017, 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 trail 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 bonds of the petitioner and (3) if petitioner tamper 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.