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Patna High CourtCR. MISC./23055/2018allowed

Kanti Devi v. The State Of Bihar

2018-06-26Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23055 of 2018 Arising Out of PS.Case No. -18 Year- 2018 Thana -HULASGANJ District- JEHANABAD ====================================================== Kanti Devi, W/o Ajay Singh, Resident of Village - Tulli Bigha, P.S. - Hulasganj, District - Jehanabad.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Binod Kumar Singh, Advocate. For the State : Mr. Sanjay Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-06-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Hulasganj P.S. Case No. 18 of 2018 instituted for the offence under Sections 302/34 of the Indian Penal Code.

In the written report there is allegation that co-accused Sumant Kumar and Santu Kumar used to torture and misbehave with the daughter of informant, on account of which, she became unconscious. It is further alleged that when the informant went to the house of this petitioner, she gave threat. It is further alleged that informant learnt that his daughter has been done to death. It has been submitted that petitioner is lady. There is general and omnibus allegation against the petitioner. The petitioner has no criminal antecedent. She has no role in the

Patna High Court Cr.Misc. No.23055 of 2018 (3) dt.26-06-2018 2/3 aforesaid occurrence.

Case diary has been received.

The postmortem report of the deceased is available in the case diary wherein the Doctor has found ligature Mark over upper portion of the neck and death was opined due to Asphyxia on account of hanging.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Hulasganj P.S. Case No. 18 of 2018, she shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad, 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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

Patna High Court Cr.Misc. No.23055 of 2018 (3) dt.26-06-2018 3/3 of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T