Vibha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 15464 of 2015 Arising out of P.S. Case No. -5 Year- 2015 Thana -BAUNSI District- ARRARIA =================================================== Vibha Devi Wife of Shashi Yadav Resident of village - Basaithi Hat, P.S. Bausi, Distt. - Araria.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s =================================================== Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh, Adv. For the Opposite Party/s: Mr. Sucheta Yadav (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER
02. 27.05.2015 Heard learned counsel for the Petitioner and the State.
The Petitioner is apprehending her arrest in a case registered under Sections 341, 384, 504 and 504/34 of the Indian Penal Code and Section 3(i)(v)(x) of the SC/ST (POA) Act.
Considering that the Petitioner is a lady without going into the veracity of the allegations, let her be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Araria in connection with Bausi P.S. Case No. 05 of 2015 subject to the conditions
Patna High Court Cr.Misc. No.15464 of 2015 (2) dt.27-05-2015 as laid down under Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the affidavit shall clearly state that the Petitioner is not an accused in any other case and if she is she shall not be released on bail.
(iii) That the bailor shall also state on affidavit that he 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 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 date and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)