Sushma Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53533 of 2016 Arising Out of PS.Case No. -546 Year- 2015 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== Sushma Devi (Daughter of Bindeshwar Mahto, it has wrongly been mentioned in FIR), D/o Chandeshwar Mahto, Wife of Late Kaus Kumar, Resident of Village- Jahangirpur, Salkhani, P.S.- Mahua, District- Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anish Chandra, Advocate For the Opposite Party/s : Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-01-2017 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending her arrest in connection with Mahua P.S. Case No.546 of 2015 for allegedly having committed the offence under Section 302/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that there is delay of 50 days in lodging the First Information Report. The petitioner was, in fact, living in her Sasural with two small children to feed and the allegations have been levelled against her only on the basis of suspicion. It is further submitted that other co-accused persons have already been extended the privilege of anticipatory bail in Cr.Misc.

Patna High Court Cr.Misc. No.53533 of 2016 (2) dt.13-01-2017 2/2 No.42942 of 2016, vide order dated 21.10.2016. Considering the aforementioned facts and circumstances of the case and that the petitioner has no criminal antecedents, 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 released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Mahua P.S. Case No.546 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T