Veena Kumari @ Veena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46000 of 2019 Arising Out of PS. Case No.-691 Year-2018 Thana- PATRAKARNAGAR District- Patna ====================================================== VEENA KUMARI @ VEENA DEVI, Wife of Late Mukesh Kumar Bharti, D/o Mahendra Paswan, Resident of Village - Sirka Colliery, Hesla, P.S.- Ramgarh , Distt - Ramgarh (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Patrakar Nagar P.S. Case No. 691 of 2018, disclosing the offences under Section 306/34 of the Indian Penal Code. The petitioner is the wife of the deceased. It is evident from the First Information Report that she has been implicated only on the basis of probabilities and suspicion. There is no allegation in the First Information Report which can be said to be constituting an offence punishable under Section 306 of the Indian Penal Code.

Learned Additional Public Prosecutor appearing on behalf of the State has also not been able to point out any material collected in course of investigation so as to constitute

Patna High Court CR. MISC. No.46000 of 2019(5) dt.16-11-2019 2/2 commission of an offence punishable under Section 306 of the Indian Penal Code.

Considering the above, this application is allowed. Let the petitioner, above-named, in the event of her arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand), with two sureties of the like amount each to the satisfaction of learned Sub Judge-X cum A.C.J.M., Patna, in connection with Patrakar Nagar P.S. Case No. 691 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present herself before the Police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the court on two consecutive occasions, her bail Bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) S.Ali/- U T