Bachu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33070 of 2018 Arising Out of PS. Case No.-358 Year-2017 Thana- BHAGWAN BAZAR District- Saran ====================================================== Bachu Devi wife of Harendra Sah, Resident of Village- Brahmpur, Police Station- Bhagwan Bazar, District- Saran (Chapra). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends her arrest in Bhagwan Bazar P.S. case no. 358 of 2017 instituted for the offence under Section 304B/34 of the Indian Penal Code.

Petitioner is mother-in-law of the deceased. It is submitted that husband and father-in-law of the deceased are already in custody.

Case diary has been received. Learned APP submitted that cause of death has not been stated in the postmortem report and viscera has been preserved. There is no F.S.L. report in the case diary.

From the written report itself it appears that there is general and omnibus allegation against this petitioner.

Patna High Court Cr.Misc. No.33070 of 2018(3) dt.12-07-2018 2/2 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 Bhagwan Bazar P.S. case no. 358 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 the CJM, Saran Chapra 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) shyambihari/- U T