Sabita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 49887 of 2015 Arising out of P.S. Case No. -87 Year- 2013 Thana - MOTIHARI MUFASIL District- EASTCHAMPARAN (MOTIHARI) =================================================== Sabita Devi Wife of Lalbabu Sahni Resident of Village - Tharghatava, P.S.- Muffasil, District - East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. For the Opposite Party/s: Mr. Shantanu Kumar (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

02. 03.11.2015 Heard learned counsel for the Petitioner and the State.

The Petitioner is apprehending her arrest in a case registered under Sections 304B and 201 of the Indian Penal Code.

Considering that the Petitioner is alleged to be the second wife of the husband of the deceased and claims to have been living separately, let her be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Subdivisional Judicial Magistrate, East Champaran at Motihari in connection with Mufassil P.S. Case No. 87 of 2013 subject to

Patna High Court Cr.Misc. No.49887 of 2015 (2) dt.03-11-2015 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the Petitioner will give an undertaking that she will receive the police papers on the given date and be present on date fixed for charge and if she fails to do so on two given dates and delays the trial in any manner, her bail will be liable to be cancelled for reasons of misuse. (iii) That the Petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled.

Vikash/- (Anjana Prakash, J.) U T