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Patna High CourtCR. MISC./33489/2019bail granted

Pratima Devi v. The State Of Bihar

2019-05-21Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33489 of 2019 Arising Out of PS. Case No.-324 Year-2018 Thana- VAISHALI District- Vaishali ====================================================== Pratima Devi, Wife of Late Shankar Singh, Resident of Village-Shyampur, P.S.-Vaishali, Belsar O.P., District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Satya Prakash Sinha, Advocate For the S t a t e :

Mr.Ram Naresh Ray, APP For the Informant :

Dr. Bipin Chandra, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-05-2019 Heard learned counsel for the petitioner and the learned counsel appearing for the informant as well as the learned counsel appearing on behalf of the State. The petitioner is apprehending her arrest in connection with Vaishali (Belsar O.P.) P.S. Case No.324 of 2018 for allegedly having committed the offence under Section 302/120B/504/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is an aged lady and suffering from several ailments and therefore having been assigned the allegation of being order giver, may be extended the privilege of anticipatory bail.

Learned counsel for the informant, however, resists

Patna High Court CR. MISC. No.33489 of 2019(2) dt.21-05-2019 2/2 the application for anticipatory bail inasmuch as he submits that had her son been in her command, the entire occurrence would not have taken place so as to lead the death of the deceased. Learned counsel for the informant further submits that under such circumstances, the petitioner is not entitled to the privilege of anticipatory bail.

Having considered the entire facts and circumstances and taking into consideration the ailments suffered by the petitioner, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on 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 Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Vaishali (Belsar O.P.) P.S. Case No.324 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T