Jaimanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47724 of 2018 Arising Out of PS.Case No. -240 Year- 2017 Thana -MAKHDUMPUR District- JEHANABAD ======================================================

1. Jaimanti Devi W/o Vijay Yadav, R/o Vill.- Chak Mataur Milki, P.S.- Makhdumpur (Tehta O.P.), Distt.- Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nitya Nand Neeraj For the Opposite Party/s : Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-08-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends her arrest in Makhdumpur (Tehta O.P.) P.S. Case No. 240/2017, instituted for the offences punishable under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that in the written report, there is specific allegation against co-accused Vijay Yadav of assaulting informant with lathi on her head. This petitioner is wife of Vijay Yadav. There is no allegation of any specific overt act against this petitioner. It is further submitted that co-accused Vijay Yadav has already been granted anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 10574/2018

Patna High Court Cr.Misc. No.47724 of 2018 (2) dt.30-08-2018 2/2 dated. 22.02.2018.

Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Makhdumpur P.S. Case No. 240/2017, she shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Jehanabad, subject to the conditions as laid down under Section 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 automatically cancel bail bond 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.

(Sanjay Priya, J.) Rakhi U T