Patna High CourtCR. MISC./52734/2017bail granted

Asha Devi v. The State Of Bihar

2017-11-24Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52734 of 2017 Arising Out of PS.Case No. -88 Year- 2016 Thana -SAHAR District- BHOJPUR ======================================================

1. Asha Devi W/o Sukan Yadav, R/o Village- Ekwari, P.S.- Sahar, DistrictBhojpur (Ara). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends her arrest in connection with Sahar P.S.Case No. 88 of 2016 registered for the offence punishable under Section(s) 304 (B)/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the husband of the deceased is already in custody. The petitioner is the mother-in-law of the deceased.

From the allegation, it appears that there is general and omnibus allegation. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed in the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Sahar P.S.Case

Patna High Court Cr.Misc. No.52734 of 2017 (3) dt.24-11-2017 2/2 No. 88 of 2016, she shall be released on anticipatory bail on furnishing bail bond of 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additionaol Chief Judicial Magistrate-X, Bhojpur at Ara, 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) Sudha/- U T