Punam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2408 of 2018 Arising Out of PS.Case No. -230 Year- 2017 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Punam Devi, wife of Awadesh Chaudhary, resident of Village- Jaralpur, P.S. Yoggapatti, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shakti Suman Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Jogapatti P.S. Case No. 230 of 2017 instituted for the offence under Sections-302, 201/34 of the Indian Penal Code.

It has been submitted that occurrence is said to have taken place on 22-06-2017 and the present FIR was lodged after delay of six days i.e. 2806-2017. It has further been submitted that this petitioner is the step mother of Rupa Kumari (since deceased) and she was only one year old when her mother had died. Thereafter, father of Rupa Kumari had performed marriage with this petitioner and she took care of her. The informant is Mama of the victim girl and she was cremated in his presence. The informant has lodged this case at the instance of his enemy.

In the written report, it is alleged that the informant got information on mobile that his niece Rupa Kumari aged about 13 years has been done to death by this petitioner and other 6 accused persons as named in

Patna High Court Cr.Misc. No.2408 of 2018 (2) dt.17-01-2018 2/2 the written report with intention to grab the amount of Rs. 3,00,000/- and 10 Kathas of land which was allotted to her through Punches after death of her first mother. It has further been submitted that the husband is already in custody.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of her 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 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Jogapatti P.S. Case No. 230 of 2017 to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah subject to condition as laid down u/S 438(2) of the 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 absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner 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 of bail of the petitioner.

(Sanjay Priya, J) A.K.V./- U T