Gayatri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8075 of 2017 Arising Out of PS.Case No. -129 Year- 2016 Thana -AMNAUR District- SARAN ======================================================

1. Gayatri Devi, Wife of Late Ashok Singh, Resident of Village- Dharhara Kala, P.S.- Amnour, District- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yashraj Bardhan For the Opposite Party/s : Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-03-2017 Heard the parties.

This application has been filed in connection with Chhapra Rail P.S.Case No.14 of 2016, which was later on converted and registered as Amnour P.S.Case No.129 of 2016 for the offence under Sections 302 and 32 of the Indian Penal Code. It is submitted on behalf of the petitioner that it is alleged that this case should be registered under Section 201 of the IPC and not under Section 302 of the IPC. The petitioner is in custody since 27.04.2016. The petitioner is mother of the deceased. Heard learned A.P.P. also, who could not controvert the above facts.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be

Patna High Court Cr.Misc. No.8075 of 2017 (3) dt.24-03-2017 2/2 enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sri Amrendra Prasad, Judicial Magistrate, Ist Class, Saran at Chhapra in connection with Chhapra Rail P.S.Case No.14 of 2016 dated 22.04.2016, which later got converted and registered as Amnour P.S.Case No.129 of 2016 dated 19.07.2016. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U