Sarita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47738 of 2018 Arising Out of PS.Case No. -46 Year- 2018 Thana -SHEIKHOPUR SARAI District- SEKHPURA ======================================================
1. Sarita Devi, Wife of Late Arjun Mahto, D/o Late Brahmdev Mahto, R/o Village- Varnama, Police Station- Warisaliganj, District- Nawada. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rabindra Kumar For the Opposite Party/s : Mr. Smt. Rita Verma ====================================================== 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 Shekhopursarai P.S. Case No. 46/2018, instituted for the offence punishable under Section 306 of the Indian Penal Code.
In the written report, it is alleged that father of informant was living with this petitioner. His father had sold about 2 Katha of land for consideration amount of Rs. 2.50 lacs. The informant was earning his livelihood outside the village. He learnt that this petitioner has ousted his father from his house after taking money of the land and on account of which, his father has consumed poison.
Learned counsel for the petitioner has submitted that the deceased had performed three marriages. The informant is son of
Patna High Court Cr.Misc. No.47738 of 2018 (2) dt.30-08-2018 2/2 second wife of deceased. Petitioner is the third wife of deceased. The instant case has been filed only because of property dispute. 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 Shekhopursarai P.S. Case No. 46/2018, 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 A.C.J.M., Sheikhpura, 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