Mirdula Devi @ Mridula Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1007 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Mirdula Devi @ Mridula Das, aged about 60 Years, Wife of Late Ashok Kumar Das , R/o Vikramshila Colony , Bhagalpur, P.S.- Tilaka Manjhi, District- Bhagalpur.

.... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Arvind Kumar Sharma For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-05-2017 The appellant seeks anticipatory bail in connection with Kotwali (Tilka Manjhi) P.S. Case No. 14/2017, registered for offences punishable under Sections 302, 337, 120B/34, Section 4 of POCSO Act and Section 3(II)(V) of SC/ST Act.

Allegation against the appellant and other co-accused persons of this case is of killing the son of the informant. It has been submitted on behalf of the appellant that appellant happens to be a lady aged about sixty years and no specific allegation has been attributed against her.

Heard learned Special Public Prosecutor as well as learned counsel for the informant. They have opposed the prayer for bail. Having heard both sides, perused the case diary also, she had been made accused in this case only because she is land lady except that there is no allegation either in F.I.R. or in the case diary. There is also no allegation against the appellant regarding SC/ST (POA) Act. Hence considering the above facts and also that fact that appellant is a lady aged about 6 years, as such, this application is allowed, impugned

Patna High Court CR. APP (SJ) No.1007 of 2017 (3) dt.19-05-2017 2/2 order is set aside, let the appellant, above named, surrender before the Court below within a period of four weeks from today, on which, learned Court below shall release the appellant on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Bhagalpur, in connection with Kotwali (Tilka Manjhi) P.S. Case No. 14/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U