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Patna High CourtCR. MISC./32292/2017bail granted

Nilu Sharma @ Nilu Kumari v. The State Of Bihar

2017-07-21Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32292 of 2017 Arising Out of PS.Case No. -115 Year- 2016 Thana -NAYA RAM NAGAR District- MUNGER ======================================================

1. Nilu Sharma @ Nilu Kumari W/o Late Bijay Kumar Sharma R/o Village Parham, P.S. Naya Ramnagar, District - Munger. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Syed Mohammad Shabbir Alam For the Opposite Party/s : Mr. Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in connection with Naya Ramnagar (Safiasarai) P.S. Case No. 115 of 2016, G.R. No. 1392 of 2016 instituted for the offence under Sections 147, 148, 149, 302 of the Indian Penal Code and Section 27 of the Arms Act.

It is submitted that the petitioner is the informant of this case. She has leveled specific allegation against Banshi Sharma that he shot at her husband with pistol resulting into his death. In course of investigation, the police made this informant as an accused on the basis of statement recorded under Section 164 Cr.P.C. of second wife of the deceased, namely, Laxmi Sharma. In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.32292 of 2017 (3) dt.21-07-2017 2/2 allowed and it is ordered that the petitioner named above in the event of his 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 Naya Ramnagar (Safiasarai) P.S. Case No. 115 of 2016, G.R. No. 1392 of 2016 to the satisfaction of Sri. Anil Kumar learned A.C.J.M., Munger subject to condition as laid down under Section 438(2) of the Cr.P.C.

with further conditions (i) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (ii) petitioner shall co-operate 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 (iii) 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) sushma/- U T