Pavani Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5168 of 2018 Arising Out of PS. Case No.-124 Year-2017 Thana- GWALPARA District- Madhepura ====================================================== Pavani Devi, Wife of Gajendra Yadav, Resident of Village- Jayram Vasi at present Jhitkiya Kalotaha, Ward No.07, Police Station- Gwalpara (Arrar), District- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Chand Prasad For the Opposite Party/s :
Mr. SMT. PUSHPA SINHA ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and the State.
The petitioner apprehends arrest in Gwalpara (Arar) P.S. Case No. 124 of 2017 instituted for the offence under Sections 302,201/34 of the IPC.
Learned counsel for the petitioner has submitted that mere suspicion has been raised against this petitioner. In the written report, it is alleged that on 03.09.2017 in night this petitioner had informed the father of the informant that theft has taken place in his betel shop. Thereafter, father of the informant went to see his shop on such information but he did not return. The aforesaid information was received by father of the informant on 03.09.2017, and it is alleged that on
Patna High Court Cr.Misc. No.5168 of 2018(3) dt.27-02-2018 2/3 05.09.2017 the informant learnt that a dead body was floating near Amauza Ghat. The informant went and identified the dead body of his father. The case diary has been received. From the written report, it appears that besides suspicion there is no specific allegation of overt act against this petitioner.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Gwalpara (Arar) P.S. Case No. 124 of 2017 to the satisfaction of the learned Judicial Magistrate-1st Class, Udakishunganj, Madhepura, subject to condition as laid down u/S 438 (2) of the Cr. P.C. with further conditions (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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the petitioner tampers with the evidence
Patna High Court Cr.Misc. No.5168 of 2018(3) dt.27-02-2018 3/3 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) khushbu/- U T