Ram Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.165 of 2018 Arising Out of P.S.Case No. -114 Year- 2017 Thana -SINGHIYA District- SAMASTIPUR ====================================================== Ram Kumari Devi, Wife of Sita Ram Das, Resident of Village- Salha Lada, Police Station- Singhia, District Samastipur. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Pramod Kumar Singh, Advocate For the Opposite Party : Mr. Humayu Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 01-02-2018 Heard.

2. The petitioner apprehends arrest in connection with Singhia P.S.Case No.114 of 2017 registered for an offence under Sections 304B and 34 of the IPC.

3. It has been submitted that the petitioner is mother-inlaw of the deceased. The son of this petitioner was married with the deceased and from the said bed-lock she had two sons. She was carrying pregnancy of three months and she was willing to abort pregnancy which was being opposed by her husband. The deceased had picked up quarrel with her husband and she either has committed suicide or died in different manner. The petitioner was residing separately from her son and the deceased. This fact finds supports from the statement of witnesses recorded at paras-

Patna High Court Cr.Misc. No.165 of 2018 (3) dt.01-02-2018 2/2 37, 38 and 39 of the case. The husband and father-in-law of the deceased are in jail.

4. However, learned APP opposed the submissions.

5. Considering the aforesaid facts and circumstances, the prayer for anticipatory bail is allowed. Let the above named petitioner in the event of her arrest or surrender before the court below within six weeks from today 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 ACJMV, Rosera, District-Samastipur in connection with Singhia P.S.Case No.114 of 2017 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T