Nisha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42497 of 2015 Arising Out of PS.Case No. -23 Year- 2015 Thana -DANDKHORA District- KATIHAR ======================================================

1. Nisha Kumari Daughter of Late Vijay Kumar Gupta resident of villageAbgila P.S. Muffasil, District Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Akbar Ali(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-01-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Earlier vide order dated 18.01.2016, this Court was pleased to extend the privilege of anticipatory bail to the petitioner under unusual circumstances. However, learned counsel for the petitioner pointed out some discrepancies in the facts and, therefore, he wished to file a supplementary affidavit correcting and clarifying the true position. The supplementary affidavit dated 20.01.2016, has been filed today indicating that the petitioner has recently given birth to a girl child and as a mother of the baby, the petitioner will be severely prejudiced, if taken into custody.

Considering the nature of allegation and also the present

Patna High Court Cr.Misc. No.42497 of 2015 (5) dt.25-01-2016 2/2 position of 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 enlarged on bail on furnishing bond of Rs. 10,000 (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Katihar in connection with Dandkhora P.S. Case No. 23 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

It is made clear that the petitioner shall present herself during the course of any investigation or even thereafter, during the course of the trial and shall not abstain from the Court without any substantial cause.

(Anjana Mishra, J) sunil/- U T