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Patna High CourtCR. MISC./32848/2017bail granted

Poonam Devi v. The State Of Bihar

2017-07-18Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32848 of 2017 Arising Out of PS.Case No. -76 Year- 2017 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Poonam Devi, W/o Hemant Kumar Rao, R/o Village- Bankatwa, P.S.- Nautan, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manindra Kishore Singh, Advocate For the Opposite Party/s : Mr. Anish Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Nautan P.S. Case No. 76 of 2017 instituted for the offence under Sections 302 and 120(B) of the Indian Penal Code.

It is alleged in the written report that son of the informant Rahul Kumar Rao @ Bambali went outside the house but did not return. She learnt in the next morning that dead body of her son was hanging with mango tree and the blood was coming out from his nose. The informant has raised suspicion in the written report that some unknown person has caused death of her son.

Post mortem report of the deceased has been annexed as Annexure-2 wherein the doctor has preserved viscera and

Patna High Court Cr.Misc. No.32848 of 2017 (2) dt.18-07-2017 2/2 opinion regarding cause of death was kept reserved till the report of chemical analysis.

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 Nautan P.S. Case No. 76 of 2017, 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, West Champaran, Bettiah, 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.Ali/- U T