Vandana Bharti v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17257 of 2018 Arising Out of PS.Case No. -2473 Year- 2015 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ======================================================

1. Vandana Bharti, wife of Rajesh Kumar, daughter of Ramesh Mandal, resident at Near State Bank Fatuha, P.S. - Fatuha, district - Patna, at present residing of village Chhota Kali Bari, Police Station Munger, district - Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Kumar Sinha, Advocate For the Opposite Party/s : Mrs. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends her arrest in Complaint Case No.2473 of 2015 instituted for the offence under Section(s) 328 Indian Penal Code.

Counsel for the petitioner has submitted that this petitioner is married wife of the Complainant. The Complainant has alleged in the Complaint Petition that while taking meal he felt giddiness and went to Sadar Hospital, Katihar, for treatment, where it was detected that Bleaching Powder was mixed in the meal of the Complainant as given by this petitioner. Counsel for the petitioner has further submitted that this petitioner has also filed a case vide Complaint Case No.871-C of 2015 against the Complainant and others for the offence under Section(s) 498-

Patna High Court Cr.Misc. No.17257 of 2018 (3) dt.26-04-2018 2/2 A/34 Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act and instant case has been filed just as a counter blast to the aforesaid case filed by the petitioner against the Complainant, who is her husband.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Complaint Case No.2473 of 2015, she shall be released on anticipatory 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, Katihar, 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 her absence on two consecutive dates without proper and reasonable reason will be liable to cancel her bail bond 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