Anuradha Devi @ Aradhna Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1801 of 2016 Arising Out of PS.Case No. -149 Year- 2015 Thana -SILAO District- NALANDA (BIHARSHARIFF) ====================================================== Anuradha Devi @ Aradhna Devi wife of Sudhir Choudhary @ Kaushlendra @ Kaushal Mahto resident of Village Karkain, P.S. Ghoshwari, District Patna. At present residing at Silao Purani Bhui Road, P.S. Silao, District Nalanda.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Lakshmi Kant Sharma, Advocate For the Opposite Party/s : Mr. A.A.Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-04-2016 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner seeks pre-arrest bail in connection with Silao P. S. Case No. 149 of 2015 registered under Sections 304 of the Indian Penal Code.
It is contended that entire allegation made in the FIR is false and fabricated. The petitioner is a qualified Auxiliary Nurse and Mid-wife. It is further contended that there is no mens rea attributed against the petitioner and even the postmortem report does not corroborate the allegations made in the FIR.
Patna High Court Cr.Misc. No.1801 of 2016 (3) dt.11-04-2016 2/2 Learned counsel for the State and learned counsel for the informant have opposed the prayer for grant of prearrest bail to the petitioner. Regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within four weeks from today, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in Silao P. S. Case No. 149 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J.) Kanchan/- U T