Rita Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9157 of 2015 Arising Out of PS.Case No. -123 Year- 2014 Thana -SANDESH District- BHOJPUR ======================================================

1. Rita Kunwar W/o Late Shiv Kumar Singh Resident of Village Surungapur, P.S. Sandesh, District Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Langtu Singh .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dudh Nath Singh For the Opposite Party/s : Mr. Satyavrat Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-07-2015 Heard learned counsels for the petitioner and the State. The petitioner being mother of the late husband of the daughter of the informant is apprehending arrest in a case registered for the offences punishable under Sections 341,323,324,326,307 and 498A/34 of the Indian Penal Code. The basic accusation is of torture and causing injury by sharp cutting weapon.

It is submitted by the learned counsel for the petitioner that the petitioner is an old lady and thrust of accusation is against the other son of the petitioner. The petitioner is ready to allow the informant's daughter to enjoy her share of property in the matrimonial house.

Patna High Court Cr.Misc. No.9157 of 2015 (4) dt.20-07-2015 2/2 Considering the aforesaid submissions and the fact that the petitioner is an old lady, let the above named petitioner be released on provisional anticipatory bail for six months in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Bhojpur, Ara in connection with Sandesh P.S. Case No. 123 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C. The provisional bail will be confirmed on filing of an affidavit by the petitioner and other accused persons before the learned court below that they will allow the informant to enjoy her share of property in the matrimonial house. The said affidavit will be transmitted by the learned court below to the concerned I.O. Non compliance of the aforesaid undertaking will give liberty to prosecution to file application for cancellation of bail by learned court below.

(Dinesh Kumar Singh, J) Anil/- U T