Urmila Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15384 of 2018 Arising Out of PS.Case No. -108 Year- 2007 Thana -MAKHDUMPUR District- JEHANABAD ======================================================
1. Urmila Devi, Wife of Late Basudeo Yadav,
2. Shakuntala Devi, Wife of Chandeshwar Yadav, Both are resident of Village- Madarichak, Police Station- Makhdumpur in the district of Jehanabad.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 09-04-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners apprehend arrest in connection with Makhdumpur (Tehta O.P.) Police Station Case No. 108 of 2007 registered for the offences punishable under sections 304 (B), 201 and 120(B) of the Indian Penal Code.
It has been submitted that the petitioners are motherin-law and sister-in-law of the deceased. They have no concern with the affairs of deceased.
It is submitted that on the date of occurrence, some altercation took place between the deceased and her husband. The husband brutally assaulted her as a result of which deceased died.
Patna High Court Cr.Misc. No.15384 of 2018 (2) dt.09-04-2018 2/3 The husband of the deceased committed suicide by hanging himself and he also died on spot. The matter was investigated and Police submitted charge sheet against the deceased husband, however, the court below took cognizance against these petitioners for the offences under sections 306, 401/34 of the Indian Penal Code.
It is further submitted that the petitioners are residing separately and the present case has been filed with false and frivolous allegation.
The learned Additional Public Prosecutor on the other hand, opposed the submission.
Considering the facts and circumstances of the case, the prayer of anticipatory bail is allowed and the petitioners above named, in the event of arrest or surrender before the court below within a period of six weeks, be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri P.K. Bharti, Judicial Magistrate 1st Class, Jehanabad in connection with Makhdumpur (Tehta O.P.) Police Station Case No. 108 of 2007, subject to the condition as laid down under section 438 (2) of the Criminal Procedure Code. Further condition is that (1) one of the bailors of the petitioners shall be a local person having
Patna High Court Cr.Misc. No.15384 of 2018 (2) dt.09-04-2018 3/3 sufficient immovable property within the jurisdiction of the concerned Court. (2) The petitioners will not induce any witness or tamper with the evidence. (3) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.
(Sanjay Kumar, J) Mahesh/- U T