Kamla Devi @ Kalwa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22078 of 2016 Arising Out of PS.Case No. -677 Year- 2015 Thana -NAWADA District- NAWADA ======================================================

1. Kamla Devi @ Kalwa Devi wife of Munna Chaudhary Resident of Village- Loharpura, P.S. Nawada Town (Kadirganj O.P.), District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar, Advocate For the Opposite Party/s : Mr. Ataur Rahman. APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 19-05-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending her arrest in a case registered under Sections 147, 148, 149, 341, 323, 324, 307, 448 and 302/34 of the Indian Penal Code.

Considering the genesis of the occurrence, relationship between the parties and that there is a counter version of the same, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Nawada Town (Kadirganj) P.S. case No.677 of 2015 on furnishing bail bonds of Rs.5,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also conditions (i)

Patna High Court Cr.Misc. No.22078 of 2016 (2) dt.19-05-2016 2/2 That one of the bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner.

(ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if she is she shall not be released on bail, (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after her release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) That the petitioner will give an undertaking that she will receive the police papers on the given date and be present on date fixed for charge and if she fails to do so on two given dates and delays the trial in any manner, her bail will be liable to be cancelled for reasons of misuse, (v) That the petitioner will be well represented on each date if she fails to do so on two consecutive dates, her bail will be liable to be cancelled.

(Anjana Prakash, J) Narendra/- U T