Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37366 of 2016 Arising Out of PS.Case No. -10 Year- 2014 Thana -SIKARHATA District- BHOJPUR ====================================================== Shanti Devi Wife of Vijay Singh @ Chandeshwar Singh Resident of Village- Basauri P.S Sikarhatta, Distt Bhojpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajendra Nath Sinha, Advocate For the Opposite Party : Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-09-2016 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 Sikkarhatta P.S. Case No. 10 of 2014 for the offences alleged under Sections 304B and 34 of the Indian Penal Code having earlier been rejected by this Court by order dated 03.11.2014 in Criminal Miscellaneous No. 25226 of 2014.

3. It is submitted that the petitioner has been falsely implicated and in subsequent developments the other co-accused persons including the husband of the deceased have been acquitted in Sessions Trial No. 239 of 2014 by the learned Additional District and Sessions Judge V, Bhojpur at Ara.

4. Having regard to the entirety of the facts and circumstances, 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 Additional District and Sessions Judge V, Bhojpur at Ara,

Patna High Court Cr.Misc. No.37366 of 2016 (2) dt.14-09-2016 in connection with Sikkarhatta P.S. Case No. 10 of 2014, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned. Chandran/BT (Vikash Jain, J) U T