Saro Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15813 of 2017 ======================================================

1. Saro Devi, wife of Sri Yugal Yadav, resident of village - Mircha, PS - Sikandra, District - Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Prakash Mahto, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 02-05-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends her arrest in Sikandra P.S. Case No.143 of 2016 instituted for the offence under Section(s) 328, 304-B/34 Indian Penal Code.

It has been submitted on behalf of the petitioner that husband of the deceased is already in custody. There is general and omnibus allegation against the petitioner, who is mother-inlaw of the deceased. From the written report, it appears that the deceased was married with Bablu Yadav about eight years back. She had children from the wedlock. On 10.09.2016, the informant got information on phone that his sister was done to death by administering poison.

The Sessions Judge has mentioned in the impugned order that the police in the Inquest Report has mentioned cause of death due to poisoning and the doctor has preserved viscera.

Patna High Court Cr.Misc. No.15813 of 2017 (2) dt.02-05-2017 2/2 In this manner, from the written report itself, it appears that there is general and omnibus allegation against the 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 Sikandra P.S. Case No.143 of 2016, 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 Additional Chief Judicial Magistrate, II, Jamui, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner 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.