Kumkum Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49885 of 2015 Arising Out of PS.Case No. -338 Year- 2011 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Kumkum Mishra Wife of Surendra Mishra Resident of Village - Rudrapur, P.S.- Andhra Thadi, District- Madhubani at present residing at Street No. 136/K, Hospital Road, P.S.- Uttarpara, District -Hugli (West Bengal) .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Dasrath Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 02-11-2015 Heard learned counsel for the parties.

The petitioner only is the wife of Surendra Mishra and therefore, when Surendra Mishra has been granted privilege of anticipatory bail only on certain condition as incorporated in the order passed today in Cr.Misc.No. 45939/2015, the petitioner Kumkum Mishra shall also be granted anticipatory bail subject to compliance of the directions given in Cr.Misc.No. 45939/2015. That being so, if the petitioner, Kumkum Mishra, surrenders before the court below within a period of four weeks from today she shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in Aurangabad Town P.S.Case No. 338/2011, only

Patna High Court Cr.Misc. No.49885 of 2015 (2) dt.02-11-2015 after verification of the compliance of the conditions imposed by this Court in the order dated 2.11.2015 in Cr.Misc.No. 45939/2015 by her husband and also subject to the following conditions: (i) That both the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) 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 the ground of misuse.

(iii) That the petitioner will give an undertaking that she will receive the police papers on the given date and be present on the 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. (iv) That the petitioner will be well represented on each and every date of trial and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled on

Patna High Court Cr.Misc. No.49885 of 2015 (2) dt.02-11-2015 this ground alone.

surendra/- (Mihir Kumar Jha, J) U