Bhagmani Devi @ Bhagmati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19228 of 2016 Arising Out of P.S. Case No.-287 Year-2015 Thana-GARKHA District-SARAN =====================================

1. Bhagmani Devi @ Bhagmati Devi, Wife of Subhash Rai, Resident of Village-Maricha, P.S.-Garkha, District-Saran at Chapra (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar, Adv. For the Opposite Party/s : Mr. Kalyan Shankar (APP) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Garkha P.S. Case No.287 of 2015, disclosing offences under Sections 304(B) and 201/34 of the Indian Penal Code.

The petitioner is the mother-in-law of the deceased.

Referring to the First Information Report, it has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.19228 of 2016 (2) dt.16-05-2016 2/3 allegations are quite vague and there is no specific allegation against the present petitioner. It has further been submitted that the petitioner is a disabled lady and her percentage of disability has been assessed to be fifty five percent. In support of such submission, learned counsel for the petitioner has relied on a certificate, issued from the Office of Civil Surgeon-cum-Chief Medical Officer, Saran at Chapra, which has been brought on record by way of Annexure-2 to this application.

Considering the facts and circumstances and particularly the fact that the petitioner is a disabled lady, this application is allowed. Let the petitioner, abovenamed, in the event of her arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Garkha P.S. Case No.287 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present herself before the police/Court,

Patna High Court Cr.Misc. No.19228 of 2016 (2) dt.16-05-2016 3/3 as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T