Renu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 42555 of 2016 ====================================================== Renu Devi, wife of Birju Sahni, Resident of Village - Bhagat Tola, P.S. & District - Khagaria .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ram Sumiran Rai, Advocate For the Opposite Party : Mr. Rana Randhir Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-10-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Khagaria P.S. Case No. 127 of 2015, disclosing offences under Sections 302 and 120(B) of the Indian Penal Code. It is alleged in the F.I.R. that co-accused persons, namely, Chandan Sahni and Bishundeo Sahni killed the mother of the informant by strangulation. So far they are concerned, the informant has claimed to be an eye-witness. So far as the present petitioner is concerned, who has also been named in the F.I.R., allegation is that the other two co-accused persons committed the said offence at her instance, who is the lady. Learned counsel for the petitioner has submitted that implication of the petitioner is based merely on suspicion and there is no material otherwise.

Patna High Court Cr.Misc. No.42555 of 2016 (2) dt.18-10-2016 2/2 Learned counsel for the State has opposed the prayer for anticipatory bail.

However, considering the allegation made in the F.I.R. and submissions advanced on behalf of the petitioner, this application is allowed. Let the petitioner, above-named, in the event of his 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 Chief Judicial Magistrate, Khagaria in connection with Khagaria P.S. Case No. 127 of 2015, 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 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 below on two consecutive occasions, her bail bond shall be liable to be cancelled.

Kundan c (Chakradhari Sharan Singh, J.) U T