Pushpa Devi @ Pushpa Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34472 of 2016 Arising Out of PS.Case No. -99 Year- 2015 Thana -ALOULI District- KHAGARIA ====================================================== Pushpa Devi @ Pushpa Kumari Wife of Dilip Narain Singh, resident of Hardash Chak, P.S- Mufassil, District- Khagariya. At present posted at Primary Health Centre, Haripur, as Nurse, P.S- Alauli, District- Khagariya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 01-09-2016 Heard Sri Dhananjay Kumar, learned counsel for the petitioner and Sri Anuj Kumar Srivastava, learned A.P.P. The sole petitioner who is lady has approached this court apprehending her arrest in Alauli P.S. Case No. 99 of 2015 registered for the offence under section 304, 314/ 34 of the Indian Penal Code for grant of bail.

It was submitted by learned counsel for the petitioner that informant is the father of the deceased who had lodged the F.I.R. alleging therein that her daughter was carried by his sonin -law for abortion in the clinic of the petitioner where, after some problem, the petitioner asked her son- in- law to carry her daughter to another hospital since the matter was serious. By way of referring to the F.I.R. he submits that in the F.I.R. it has been

Patna High Court Cr.Misc. No.34472 of 2016 (2) dt.01-09-2016 2/2 disclosed that while the victim was being carried to hospital she died at the railway platform. He further submits that the husband of the deceased was also made accused has been extended the privilege of bail by a bench of this court vide order dated 18.12.2015 in Cr. Misc. No. 57236 of 2015.

Accordingly in the event of arrest or surrender within a period of six weeks from today, let the petitioner Pushpa Devi @ Pushpa Kumari be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria / concerned court in connection with Alauli P.S. Case No. 99 of 2015 subject to the conditions as contemplated under section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) Praful/- U T