Patna High CourtCR. MISC./55282/2019bail granted

Jhalo Devi @ Shalo Devi v. The State Of Bihar

2019-09-03Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55282 of 2019 Arising Out of PS. Case No.-265 Year-2015 Thana- JAMUI District- Jamui ====================================================== JHALO DEVI @ SHALO DEVI Wife of Prakash Chaudhary Resident of Village - Shivandih, P.S.- Jamui, District - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan Prasad No. 1 Mr. Vijay Prakash Bhargava For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Jamui P.S. Case No. 265 of 2015, disclosing the offence under Section 302 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the police upon completion of investigation have submitted charge-sheet against co-accused Prakash Chaudhary for the offence punishable under Section 304 of the IPC whereas petitioner has been found to be innocent. The court below after taking cognizance has summoned the petitioner also. Considering the submission that the investigation is already complete and no tangible purpose is going to be served if petitioner is taken into custody, this application is allowed.

Patna High Court CR. MISC. No.55282 of 2019(2) dt.03-09-2019 2/2 Let the petitioner, above-named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned Judicial Magistrate-1st Class, Jamui in Jamui P.S. Case No. 265 of 2015, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/ Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Rajesh/- U T