Mainu Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14655 of 2018 Arising Out of PS.Case No. -33 Year- 2017 Thana -JAMALPUR District- DARBHANGA ======================================================
1. Mainu Devi W/o Suraj Mandal @ Suraj Narayan Mandal, R/v Ganauni, P.S.- Jamalpur, Distt.- Darbhanga.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner apprehends arrest in connection with Jamalpur (Bargaun O.P.) Police Station Case No. 33 of 2017 registered for the offences under sections 302, 304(B), 201, 120(B)/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that her daughter Sabita Kumari was married to Sanjay Mandal and for non-fulfillment of demand of motorcycle the husband and all the in-laws have killed her daughter and cremated the dead body.
It has been submitted that this petitioner is mother-inlaw of the deceased. There is omnibus allegation. The husband of
Patna High Court Cr.Misc. No.14655 of 2018 (2) dt.05-04-2018 2/3 the deceased is in custody since 09.10.2017 and the father-in-law of the deceased has been allowed regular bail in Cr. Misc. No.35793 of 2017. The family members, who are brother-in-law of the deceased, have also been allowed anticipatory bail by one of the coordinate Bench of this Court in Cr. Misc. No. 54569 of 2017. It has been further submitted that the deceased died on account of illness in course of treatment.
The learned Additional Public Prosecutor on the other hand, opposed the submission.
Considering the omnibus allegation against this petitioner, facts and circumstances, the prayer for anticipatory bail is allowed and the above named petitioner in the event of arrest or surrender before the learned court below within six weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Biraul, Darbhanga in connection with Jamalpur (Bargaun O.P.) Police Station Case No. 33 of 2017, subject to conditions as laid down under section 438(2) Cr.P.C. with further condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or
Patna High Court Cr.Misc. No.14655 of 2018 (2) dt.05-04-2018 3/3 tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make herself available as and when required by the court and on the event of failure on her part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of her bail.
(Sanjay Kumar, J) Mahesh/- U T