Patna High CourtCR. MISC./38836/2019allowed

Shiwanti Devi @ Shivrati Devi v. The State Of Bihar

2019-08-17Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38836 of 2019 Arising Out of PS. Case No.-49 Year-2019 Thana- AKBARPUR District- Nawada ====================================================== SHIWANTI DEVI @ SHIVRATI DEVI W/o Ishwari Yadav R/o VillageBandhan Chhapra, P.S.- Rajauli, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== 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 Akbarpur P.S. Case No. 49 of 2019, disclosing offences under Sections 302 and 201/34 of the Indian Penal Code. The petitioner is the mother-in-law of the deceased. Learned counsel for the petitioner appears to be correct in his submission that there is nothing in the FIR to connect the petitioner with the death or disappearance of the deceased.

Learned counsel for the informant has opposed the prayer for grant of anticipatory bail and has submitted that there is allegation in the FIR that torture was meted out to the deceased by her in-laws, including the petitioner.

Patna High Court CR. MISC. No.38836 of 2019(4) dt.17-08-2019 2/2 Be that as it may, from the FIR itself it appears that the deceased died when she was at her parental home. Considering the materials disclosed in the FIR, a case for grant of anticipatory bail is made out.

Let the petitioner, above named, in the event of her 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 the learned ACJM, 1st, Nawada connection with Akbarpur P.S. Case No. 49 of 2019, 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 herself before the Police/Court, 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 bonds shall be liable to be cancelled.

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