Rabri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58312 of 2015 Arising Out of PS.Case No. -182 Year- 2012 Thana -UCHAKAGAON District- GOPALGANJ ====================================================== Rabri Devi W/o Ram Ashish Sah R/o Village-Pakri Srikant, P.S.- Uchkagaon, District-Gopalganj.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Binay Kumar Singh For the Opposite Party/s : Mr. Md. Nazir Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-04-2016 Heard learned counsel, appearing on behalf of the petitioner, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Uchkagaon P.S.Case No. 182/2012, disclosing offences under sections 364, 302, 201, 120B of the Indian Penal Code. The complaint petition filed by the informant is the basis for registration of the concerned First Information Report. From the contents of the complaint petition, it appears that the main allegation is against the son of the petitioner, who has not been traced so far.

Learned counsel, appearing on behalf of the petitioner, has submitted that no offence under section 302 of the Indian Penal Code is made out, even if the allegations in the complaint

Patna High Court Cr.Misc. No.58312 of 2015 (3) dt.06-04-2016 petition are treated to be true. He further submits that the petitioner being an old lady, there is no likelihood that she will either tamper with the evidence or flee from the course of justice. Considering the above, this application is allowed. Let the petitioner, abovenamed, in the event of her arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in Uchkagaon P.S.Case No. 182/2012, subject to the conditions as laid down under section 438(2) of the Cr.P.C. This is subject to the condition that the petitioner shall present herself before the police/ court, as the case may be, as and when required and in the event of failure on her part to appear before the court on two consecutive occasions, her bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U