Shakuntala Devi @ Shakuntala Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50545 of 2017 Arising Out of PS.Case No. -170 Year- 2017 Thana -BEUR District- PATNA ====================================================== Shakuntala Devi @ Shakuntala Kumari, Wife of Suresh Singh, Resident of Indrapuri Sipara, P.S.- Beur, District- Patna .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kumar Mishra, Advocate For the Opposite Party/s : Mr. Madan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Beur P.S. Case No. 170 of 2017 instituted for the offence under Sections 302 and 328/34 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that husband is already in custody. The petitioner is mother-in-law of the deceased. She has no concern with the affairs of the deceased and her husband.
Learned counsel for the informant has submitted that there is allegation against this petitioner and husband of the deceased of committing torture with her.
From the written report it appears that there is general and omnibus allegation against this petitioner.
Patna High Court Cr.Misc. No.50545 of 2017 (2) dt.03-11-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Beur P.S. Case No. 170 of 2017, 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 learned Additional Chief Judicial Magistrate-VIII, Patna, 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) S.