Meena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32601 of 2017 Arising Out of PS.Case No. -229 Year- 2016 Thana -MUNGER MUFFASIL District- MUNGER ======================================================

1. Meena Devi, wife of Kalo Singh, resident of Village- Terasi Peerpahar, P.S.- Muffasil, District- Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar, Advocate For the Opposite Party/s : Mr. Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 20-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends her arrest in Muffasil P.S. Case No.229 of 2016 instituted for the offence under Section(s) 302, 324, 120-B/34 Indian Penal Code and Section 3⁄4 of the Witch Craft Act.

It has been submitted that there is no allegation of any specific overt act against the petitioner. It is alleged in the written report that this petitioner along with Kalo Singh pushed down the wife of the informant on the ground and thereafter Balo Singh caused injury on the neck of wife of the informant with sharp Gandasa on account of which she died.

Petitioner is a lady. There is no allegation of any

Patna High Court Cr.Misc. No.32601 of 2017 (4) dt.20-09-2017 2/2 specific overt act against her.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Muffasil P.S. Case No.229 of 2016, she shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Munger, 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 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) JA/- U T