Runa Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39982 of 2018 Arising Out of PS.Case No. -82 Year- 2016 Thana -LAXMIPUR District- JAMUI ====================================================== Runa Devi, Wife of Birendra Yadav, Resident of Village- Doma Chak, P.S.- Laxmipur, District- Jamui.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Niranjan Parihar, Advocate. For the Opposite Party/s : Mr. Shailendra Kumar-2, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-08-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Laxmipur P.S. Case No. 82 of 2016 instituted for the offence under Sections 323, 324, 307, 504/34 and 302 of the Indian Penal Code. Counsel for the petitioner submits that husband of petitioner and deceased are own brothers. The instant case has been filed on account of land dispute between the parties. Counter case has been filed by husband of the petitioner vide Laxmipur P.S. Case No. 83 of 2016. Police after investigation submitted final form against the petitioner showing her innocent, but cognizance has been taken against the petitioner. In the written report the allegation against the petitioner is that she along with other accused person assaulted
Patna High Court Cr.Misc. No.39982 of 2018 (3) dt.18-08-2018 2/3 father of the informant with Tangi on his leg, on account of which, he fell down on the ground and became unconscious. He subsequently died.
Case diary has been received.
The postmortem report of the deceased is available in the case diary wherein the Doctor has opined that death was due to combined effect of head injuries and abdominal injuries. 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 Laxmipur P.S. Case No. 82 of 2016, she 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 Sri Amrendra Kumar, learned Judicial Magistrate, 1st Class, 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 her absence on two consecutive dates without proper and reasonable reason will be liable to cancel her bail bond and (3) if petitioner tampers with the
Patna High Court Cr.Misc. No.39982 of 2018 (3) dt.18-08-2018 3/3 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.Ali/- Rohit Kr.
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