Patna High CourtCR. MISC./14874/2016bail granted

Lal Muni Devi v. The State Of Bihar

2016-05-05Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14874 of 2016 Arising Out of PS.Case No. -165 Year- 2015 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Lal Muni Devi Wife of Sri Tej Narayan Rai resident of village - Diliya, P.S. Jagdishpur, District - Bhojpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Surj Bansh Roy For the Opposite Party/s : Dr.Kumar Uday Pratap (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-05-2016 Heard learned counsel for the petitioner and the learned Addl. Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Udawant Nagar P.S.Case No. 165/2015, disclosing offences under sections 304B and 120B of the Indian Penal Code. The petitioner is the mother-in-law of the deceased. Learned counsel for the petitioner has submitted that even if the allegations made in the First Information Report are taken to be true, no offence under section 304B of the I.P.C. is made out since the allegation is that the dispute had arisen after the accused persons refused to return an amount of Rs.10,000/-, which was given by the informant to the in-laws of the deceased, for treatment of the present petitioner.

Considering the aforesaid submissions and the fact that

Patna High Court Cr.Misc. No.14874 of 2016 (2) dt.05-05-2016 the petitioner is a lady, 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, Bhojpur at Ara in Udwant Nagar P.S.Case No. 165/2015, 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