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Patna High CourtCR. MISC./5390/2016bail granted

Rajo Devi v. The State Of Bihar

2016-03-08Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5390 of 2016 Arising Out of PS.Case No. -142 Year- 2015 Thana -PHULWARIA District- BEGUSARAI ====================================================== Rajo Devi, Wife of Devnandan Rai, Resident of Village- Phulwaria, Bakhtar Asthan, P.S.- Phulwariya, District Begusarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sandip Kumar Gautam For the Opposite Party : Mr. Rina Sinha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-03-2016 Heard learned counsel, appearing on behalf of the petitioner, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Phulwaria P.S. Case No. 142 of 2015, disclosing offences under sections 302, 34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is the mother-in-law of the deceased. The deceased was married to the petitioner's son 12-13 years prior to the alleged date of occurrence. Learned counsel for the petitioner further submits that no offence under section 302 of the I.P.C. is made out against the petitioner on the basis of the contents of the First Information Report.

Patna High Court Cr.Misc. No.5390 of 2016 (2) dt.08-03-2016 2/2 Be that as it may, considering the facts and circumstances of the case, petitioner is a lady and there is no direct allegation of any assault against her, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest/surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Rahul Kishore, Judicial Magistrate 1st Class, Begusarai in connection with Phulwaria P.S. Case No. 142/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioner shall present himself 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) Rajiv/- U