Rajmani Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13913 of 2017 Arising Out of PS.Case No. -41 Year- 2016 Thana -MAKHDUMPUR District- JEHANABAD ======================================================
1. Rajmani Devi, wife of Sri Awadhesh Yadav, resident of village - Chhariyari, Police Station - Makhdumpur, District - Jehanabad .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 29-06-2017 Heard learned counsel for the Petitioner and the State.
The Petitioner apprehends her arrest in Makhdumpur P.S. Case No.41 of 2016 instituted for the offence under Section(s) 302/34 Indian Penal Code.
It has been submitted that the petitioner is Gotani of the deceased. She has clean antecedents. There is no specific allegation of any overt act against her. It has come in para 53 and 54 of the case diary that Raj Nath Yadav, husband of the deceased had killed his wife.
From the written report also, it appears that there is no allegation of any overt act against the petitioner. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event
Patna High Court Cr.Misc. No.13913 of 2017 (4) dt.29-06-2017 2/2 of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Makhdumpur P.S. Case No.41 of 2016, she shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) JA/- U T