Patna High CourtCR. MISC./21007/2017bail granted

Fulla Devi @ Phula Devi v. The State Of Bihar

2017-05-17Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21007 of 2017 Arising Out of PS.Case No. -222 Year- 2016 Thana -DIDARGANJ District- PATNA ======================================================

1. Fulla Devi @ Phula Devi, wife of Bhola Rai, resident of VillageSabalpur Gulmahiya Chak, P.S.- Didarganj, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 17-05-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends her arrest in Didarganj P.S. Case No.222 of 2016 instituted for the offence under Section(s) 304/34 Indian Penal Code.

As per written report, there is specific allegation of pushing down the son of the informant on ground against Shiv Shankar Rai and this petitioner is mother-in-law of the informant. There is general and omnibus allegation against the petitioner.

Supplementary Affidavit has been filed stating therein that the petitioner is an old lady suffering from chronic disease.

Patna High Court Cr.Misc. No.21007 of 2017 (2) dt.17-05-2017 2/2 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 Didarganj P.S. Case No.222 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 Judicial Magistrate, 1st class, Patna City, 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 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.