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Patna High CourtCR. MISC./58227/2017bail granted

Phul Devi @ Phool Devi @ Ful Devi v. The State Of Bihar

2017-12-12Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58227 of 2017 Arising Out of PS.Case No. -75 Year- 2017 Thana -KALUAHI District- MADHUBANI ======================================================

1. Phul Devi @ Phool Devi @ Ful Devi, Wife of Nunu Paswan, Resident of Village- Nara Kothi Chowk, P.S.- Kaluahi, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Kaluahi P.S. Case No. 75 of 2017 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.

From the written report, it appears that there is general and omnibus allegation against the petitioner. The father in law of the deceased has been granted anticipatory bail by a coordinate bench of this court vide order dated 21-09-2017 passed in Cr. Misc. No. 43231 of 2017.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of her arrest or surrender in the court below within six weeks from the

Patna High Court Cr.Misc. No.58227 of 2017 (2) dt.12-12-2017 2/2 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 Kaluahi P.S. Case No. 75 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Madhubani 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 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) A.K.V./- U T