Pawani Devi @ Pammi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34558 of 2019 Arising Out of PS. Case No.-43 Year-2018 Thana- SHERGHATI District- Gaya ====================================================== PAWANI DEVI @ PAMMI DEVI Wife of Girjesh Singh Resident of VillageNaknuppa, P.S.- Sherghati, District- Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rama Kant Sharma, Sr. Advocate Mr. Lakshmi Kant Sharma, Advocate Mr.Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Sherghati P.S. Case No. 43 of 2018, disclosing the offence under Sections 328, 302/34 of the Indian Penal Code. The petitioner is step-mother of the deceased. Father of the deceased is also an accused.

Learned Senior Counsel appearing on behalf of the petitioner has drawn my attention to the final form submitted by the police to contend that charge-sheet has been submitted finding commission of offence punishable under Section 306/34 of the IPC against the father of the deceased. He, therefore, contends that implication of this petitioner in the case alleging

Patna High Court CR. MISC. No.34558 of 2019(3) dt.17-08-2019 2/2 commission of offence punishable under Section 302/34 of the IPC is not justified.

Be that as it may, considering the fact that chargesheet has been submitted only for the offence punishable under Section 306/34 of the IPC, this application is allowed. Let the petitioner, above-named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned ACJM, Sherghati, Gaya in Sherghati P.S. Case No. 43 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/ Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Rajesh/- U T