Patna High CourtCR. MISC./47293/2015bail granted

Mamta Devi v. The State Of Bihar

2016-02-26Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47293 of 2015 Arising Out of PS.Case No. -23 Year- 2015 Thana -DAWATH District- SASARAM (ROHTAS) ===================================== Mamta Devi, Daughter of Jang Bahadur Chaurasia, Wife of Late Papu Chaurasia, resident of village - Kathrai, P.S. - Charpokhari, District - Bhojpur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh, Adv. For the State : Mr. Arvind Kumar Pandey (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Dawath P.S. Case No.23 of 2015, disclosing offences under Section 306 of the Indian Penal Code. The petitioner is the wife of the deceased.

Learned counsel for the petitioner submits that no offence, under Section 306 of the Indian Penal Code, is made out against the petitioner inasmuch as there is no

Patna High Court Cr.Misc. No.47293 of 2015 (3) dt.26-02-2016 2/2 allegation that she did something, which can be said to be abetting commission of suicide by the deceased. Considering the facts and circumstances, I am of the view, prima facie, that learned counsel for the petitioner is correct in his submission. This application is, accordingly, allowed. Let the petitioner, abovenamed, in the event of her arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Bikramganj (Rohtas), in connection with Dawath P.S. Case No.23 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present herself before the police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T