Mintu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23292 of 2015 Arising Out of PS.Case No. -187 Year- 2015 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Mintu Devi, W/o Dhananjay Mandal Resident of Sachidanand Nagar (Hawai - Adda) P.S. - Tilkamanjhi, District - Bhagalpur. ... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Davendra Kumar Pandey, Advocate. For the Opposite Party/s: Mr. A. Haque Sahara(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 24-08-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioner for offence under Sections 120B, 201 and 302/34 of the Indian Penal Code and the fact that in the statement of Ankit Kumar who was accompanying his deceased mother on the fateful day that her mother was done to death by Nitu Devi, Mrityunjay Mandal, Dhananjay Mandal, Guria and Guddu Mandal and that he too was thrown by Nitu Devi, Mrityunjay Mandal, Dhananjay Mandal, Guria and Guddu Mandal on the Kiul Bridge and that the petitioner was not even named in any manner by the sole direct witness, this Court, keeping in view that the petitioner also has a clean antecedent, would be inclined to grant her privilege of anticipatory bail. That being so, if the petitioner, namely, Mintu Devi, surrenders before the court below within a period of four weeks from today, she shall be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of

Patna High Court Cr.Misc. No.23292 of 2015 (3) dt.24-08-2015 2/2 the learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Tilkamanjhi) P.S. Case No. 187 of 2015; subject to the following conditions:

(i) That both the bailors will be close family relatives of the petitioner, who will undertake an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if she is, she shall not be released on bail.

(iii) That the bailors shall also state on affidavit that they will inform the court concerned, if the petitioner is implicated in any other case of similar nature after her release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of her bail on the ground of misuse.

(iv) That the petitioner will be well represented on each and every date in course of trial and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled on this ground alone.

(Mihir Kumar Jha, J) Sujit/- U