Sapna Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.46646 of 2015 (2) dt.02-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46646 of 2015 Arising Out of PS.Case No. -318 Year- 2015 Thana -DARBHANGA SADAR DistrictDARBHANGA ======================================================

1. Sapna Devi, wife of Dablu Singh, resident of village - Bishanpur, P.S. Riga, District - Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar, Advocate For the Opposite Party/s : Mr. Nand Kishore Pd., APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2/ 02-11-2015 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends her arrest in a case instituted for the offence under Section(s) 302/34 Indian Penal Code.

Considering that the Petitioner is a lady, without going into veracity of the allegation, it is ordered that in the event of surrender/arrest of the Petitioner, named above, within four weeks from the date of receipt/production of a copy of this order in connection with Sadar P.S. Case No.318 of 2015, she shall be released on anticipatory bail on furnishing bail bond of `5,000/- (five thousand) with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Chief Judicial Magistrate, Darbhanga, subject to the conditions

Patna High Court Cr.Misc. No.46646 of 2015 (2) dt.02-11-2015 as laid down under sections 438(2) Cr. P. C. and (i) That one of the bailors will be a close relative of the Petitioner, who will give an affidavit giving genealogy as to how he is related with the Petitioner.

The bailors will undertake to furnish information to the court about any change in the address of the Petitioner, (ii) That the affidavit shall clearly state that the Petitioner is not an accused in any other case and, if she is, she shall not be released on bail, (iii) That the bailors shall also state on affidavit that they will inform the court concerned if the Petitioner is implicated in any other case of similar nature after her release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iv) That the Petitioner will give an undertaking that she will receive the police papers on the given date and be present on date fixed for charge and if she fails to do so on two given dates and delays the trial in any manner, her bail will be liable to be cancelled for reasons of misuse, and (v) That the Petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled.