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Patna High CourtCR. MISC./36978/2016bail granted

Sharda Devi v. The State Of Bihar

2016-09-21Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36978 of 2016 Arising Out of PS.Case No. -79 Year- 2016 Thana -GOGRI District- KHAGARIA =====================================

1. Sharda Devi, Wife of Late Ram Bilash Ram, resident of Village-Saharun. P.S.-Gogri (Paura), District-Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Shekhar Kumar Singh, Adv. For the Opposite Party/s : Mr. Anuj Kr. Srivastava, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-09-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Gogri (Paura) P.S. Case No. 079 of 2016, disclosing offences under Sections 302 and 201/34 of the Indian Penal Code.

Petitioner is the mother-in-law of the deceased. The deceased was married to the petitioner's son, namely, Manoj Ram, nearly 10 years before the date of occurrence. Allegedly, the petitioner's son was not

Patna High Court Cr.Misc. No.36978 of 2016 (2) dt.21-09-2016 2/3 happy with the deceased, who had gone to cast vote in the Panchayat election.

Learned counsel for the petitioner appears to be right in his submission that there is no allegation against this petitioner, who is a lady, and the main allegation is against the husband of the deceased, namely, Manoj Ram.

Considering the submission, as above, and the fact that the petitioner is a lady, this application is allowed. Let the petitioner, above named, 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 Judicial Magistrate, Ist Class, Khagaria, in connection with Gogri (Paura) P.S. Case No. 079 of 2016 (corresponding to G.R. No. 1014 of 2016), 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, above named, 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

Patna High Court Cr.Misc. No.36978 of 2016 (2) dt.21-09-2016 3/3 the Court on two consecutive occasions, her bail bond shall be liable to be cancelled.

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