Kiran Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23462 of 2018 Arising Out of PS.Case No. -420 Year- 2017 Thana -PHULWARI District- PATNA ======================================================
1. Kiran Devi, W/o Rajesh Gupta, R/o Rashtriyaganj, P.S.- Phulwarisharif, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 25-06-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends her arrest in Phulwarisharif P.S. Case No.420 of 2017 instituted for the offence under Section(s) 302, 201/34 Indian Penal Code.
It has been submitted that petitioner is a lady. She has no criminal antecedents.
In the written report, it is alleged that informant was living in the house of this petitioner as a tenant. Some altercation took place and thereafter the informant vacated the house and started living at another place. It is further alleged that this petitioner and other co-accused came to the house of the informant at 8.00 PM, assaulted his son and hanged him from fan.
Post mortem report of son of the informant is enclosed as Annexure-2 in which doctor has opined that death
Patna High Court Cr.Misc. No.23462 of 2018 (4) dt.25-06-2018 2/2 was due to violent asphyxia resulting from ante mortem compression of neck.
From the written report itself, it appears that there is no allegation of any specific overt act against this petitioner. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Phulwarisharif P.S. Case No.420 of 2017, she shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SubJudge-XV, Patna, subject to the conditions as laid down under Section 438(2) Cr. P. C.
with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and her absence on two consecutive dates without proper and reasonable reason will be liable to cancel her bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.