Baby Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40275 of 2017 Arising Out of PS.Case No. -229 Year- 2016 Thana -TEKARI District- GAYA ====================================================== Baby Devi, W/o Sudama Tanti, R/o Village- Sawasin, P.S.- Tekari (Panchanpur O.P.), District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar, Advocate. For the Opposite Party/s : Mr. Md. Fahimuddin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Tekari P.S. Case No. 229 of 2016 instituted for the offence under Sections 304(B) and 201/34 of the Indian Penal Code.

It has been submitted that petitioner is Gotni of the deceased. There is no any specific overt act against her. The husband is already in custody.

From the written report it appears that there is general and omnibus allegation against the petitioner. 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 Tekari P.S. Case No. 229 of

Patna High Court Cr.Misc. No.40275 of 2017 (2) dt.21-09-2017 2/2 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 learned Additional Chief Judicial Magistrate-VI, Gaya, 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