← Library
Patna High CourtCR. MISC./62531/2017bail granted

Kaushalya Devi v. The State Of Bihar

2018-02-09Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62531 of 2017 Arising Out of PS.Case No. -55 Year- 2011 Thana -TANDWA District- AURANGABAD ======================================================

1. Kaushalya Devi W/o Ajay Singh, R/o Vill.- Tandwa, P.S.- Tandwa, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Santosh Kumar Pandey For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Tandwa P.S. Case No. 55 of 2011 instituted for the offence under Sections-304(B)/34 of the Indian Penal Code.

It has been submitted that the petitioner is mother-in-law of the deceased. The husband is already in custody. In the written report, there is allegation that this petitioner along with husband of the deceased burnt to death daughter of the informant.

Learned APP has submitted after looking into case diary that general and omnibus allegation has been levelled by the witnesses against this petitioner. The petitioner is a lady. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event

Patna High Court Cr.Misc. No.62531 of 2017 (3) dt.09-02-2018 2/2 of her arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Tandwa P.S. Case No. 55 of 2011 to the satisfaction of learned Chief Judicial Magistrate, Aurangabad subject to condition as laid down u/S 438(2) of the 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 liable to 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) A.K.V./- U T