Sita Devi @ Sitiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51729 of 2017 Arising Out of PS.Case No. -39 Year- 2017 Thana -BHAPATIYAHI District- SUPAUL ====================================================== Sita Devi @ Sitiya Devi, Wife of Hari Narain Sah, Resident of VillageBishanpur, P.S.- Bhaptiyahi, District- Supaul. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Vijay Kumar, Advocate. For the Opposite Party/s : Mr. S.M. Rahman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Bhaptiyahi P.S. Case No. 39 of 2017, G.R. No. 960 of 2017 instituted for the offence under Sections 304(B), 201 and 120(B) of the Indian Penal Code.

It has been submitted that petitioner is mother-in-law of the deceased.

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 Bhaptiyahi P.S. Case No.

Patna High Court Cr.Misc. No.51729 of 2017 (2) dt.09-11-2017 2/2 39 of 2017, G.R. No. 960 of 2017, 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 Chief Judicial Magistrate, Supaul, 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