Sunita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51090 of 2014 Arising Out of PS.Case No. -58 Year- 2014 Thana -BACHWARA District- BEGUSARAI ====================================================== Sunita Devi W/o Gopal Mahaton Resident of Village - Jhamariya P.s - Bachhwara District - Begusarai .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Adv For the Opposite Party/s : Dr. Indiwar Kumari APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 14-05-2015 Heard learned counsel for the parties.
Having regard to the nature of allegation against the petitioner for the offences punishable under Sections-498A and 306 of the Indian Penal Code and that the petitioner is the Mother-in-Law of the deceased as well as the allegation was/is basically against the husband, the son of the petitioner, who was either torturing physically or even mentally coercing her on the threat of going to get married again, this Court in absence of any allegation of specific overt act against the petitioner would be inclined to grant the privilege of anticipatory bail to the petitioner specially when she has also got no criminal antecedent.
Patna High Court Cr.Misc. No.51090 of 2014 (2) dt.14-05-2015 That being so, if the petitioner namely, Sunita Devi surrenders within a period of four weeks from today, she would 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 Judicial Magistrate, 1st Class, Begusarai in connection with Bachhwara P.S. Case No. 58 of 2014, subject to the conditions laid down under Section- 438 (2) Cr. P.C and also subject to the following conditions:- (i) That the court below shall make verification of criminal antecedent of the petitioner and if it is found that she is accused in any other criminal case, she shall not be granted bail and would be taken into custody.
(ii) That both the bailors will be close relative of the petitioner who will give an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.
Patna High Court Cr.Misc. No.51090 of 2014 (2) dt.14-05-2015 (iii) That the bailor shall also state on affidavit that they will inform the Court concerned if the petitioner is implicated in any other case of similar nature after her release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.
(iv) That the petitioner will give an undertaking that she will receive the police papers on the given date and be present on the date fixed for charge and if she fails to do so on two given dates and delays the trial in any manner, her bail will be liable to be cancelled for reasons of misuse. (v) That the petitioner will be well represented on each and every date of trial and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled on this ground alone. (Mihir Kumar Jha, J) Ranjan/- U