Pramila Singh @ Pramila Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26853 of 2017 Arising Out of PS.Case No. -23 Year- 2017 Thana -BARUN District- AURANGABAD ======================================================

1. PRAMILA SINGH @ PRAMILA DEVI, wife of Binay Singh, resident of village- Kosdihra, Post- Lodipur, P.S.- Paraiya, District- Gaya, presently residing at New Colony, Ghorath, P.S.- Sidhari, DistrictAzamgarh (U.P.). .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Chandreshwar Singh, son of Nand Kishore Singh, resident of villageKarmadih, P.O. & P.S.- Barun, District- Aurangabad. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Verma, Advocate For the Opposite Party/s : Mr. Khurshid Anwar, APP Mr. Ashok Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 21-07-2017 Counsel for the Opposite Party No.2 has appeared. Heard learned counsel for the Petitioner and the State as well as counsel for the Opposite Party No.2. The Petitioner apprehends her arrest in Barun P.S. Case No.23 of 2017 instituted for the offence under Section(s) 304-B, 201/34 Indian Penal Code.

It has been submitted that the petitioner is motherin-law of the deceased. The deceased died on 19.07.2016 in Avadh Hospital & Heart Centre and the case has been filed on 17.12.2016 after lapse of about five months. The deceased was pregnant and she died during treatment as will appear from Death Certificate (Annexure-2 series).

From the allegation in the Complaint Petition, it

Patna High Court Cr.Misc. No.26853 of 2017 (2) dt.21-07-2017 2/2 appears that there is no allegation of any specific overt act against the petitioner.

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 Barun P.S. Case No.23 of 2017, 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 Chief Judicial Magistrate, Aurangabad, 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) JA/- U T