Vimla Devi v. The State Of Bihar
Patna High Court Cr.Misc. No.50235 of 2015 (2) dt.03-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50235 of 2015 Arising Out of PS.Case No. -198 Year- 2013 Thana -UDAKISHUNGANJ District- MADHEPURA ======================================================
1. Vimla Devi, wife of Vidyanand Yadav, Resident of village- Pipra Karoti, P.S. Uda Kishunganj, District- Madhepura .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dr. Sanjay Kumar Singh, Adv. For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-05-2016 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has renewed her prayer for anticipatory bail in connection with Uda Kishunganj P.S. Case No. 198 of 2013 for the offences alleged under Section 304B/34 of the Indian Penal Code which was earlier rejected by order dated 16.06.2014 in Cr. Misc. No. 51389 of 2013.
3. Learned counsel for the petitioner submits that subsequently, co-accused Shankar Yadav being the husband of the deceased has been granted bail by this Court after noticing the submission of the learned A.P.P. that the deceased was said to have died of diarrhea though some persons have supported the prosecution story. It is further submitted that the petitioner is a lady who is looking after the small children of the deceased aged 4 years and one and
Patna High Court Cr.Misc. No.50235 of 2015 (2) dt.03-05-2016 half years respectively.
4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Uda Kishunganj, Madhepura in connection with Uda Kishunganj P.S. Case No. 198 of 2013, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions : (i) The petitioner shall cooperate with the investigation and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(ii) The petitioner will be well represented on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Md. Ibrarul/- U T