Shobha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14977 of 2017 Arising Out of PS.Case No. -139 Year- 2016 Thana -BARBIGHA District- SEKHPURA ====================================================== Shobha Devi, Wife of Tuntun Singh, Resident of Village- Babhanbigha, P.S.- Banbigha, District- Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Narain Sinha, Advocate. Mr. Shambhu Sharan Kumar, Advocate For the Opposite Party/s : Mr. Dinesh Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-04-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Barbigha P.S. Case No. 139 of 2016 instituted for the offence under Sections 302, 201 and 34 of the Indian Penal Code.

As per written report, son of the informant Ritesh Kumar, after receiving call on his Mobile, went outside the house stating to return after ten minutes and in the early morning it was pointed out by some villagers that Ritesh was lying dead in the field.

Case diary has been received.

Learned A.P.P. has submitted that it has come in the case diary that the deceased had love affairs with daughter of this petitioner for which he got him murdered. Besides this, there is no

Patna High Court Cr.Misc. No.14977 of 2017 (3) dt.27-04-2017 2/2 other direct evidence against the petitioner. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Barbigha P.S. Case No. 139 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Sheikhpura, 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. (Sanjay Priya, J) S.