Reshmi Devi v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28647 of 2017 Arising Out of PS.Case No. -87 Year- 2016 Thana -FATEHPUR District- GAYA ======================================================
1. Reshmi Devi, W/o Chando Yadav, resident of village- Dangra, P.S. Fatehpur, District- Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Mina Devi, W/o Late Heera Yadav, resident of village- Shabdo, P.S.- Fatehpur, District- Gaya.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s : Smt. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 06-07-2017 Heard learned counsel for the Petitioner and the State.
The Petitioner apprehends her arrest in Fatehpur P.S. Case No.87 of 2016 instituted for the offence under Section(s) 304-B, 201/34 Indian Penal Code.
It has been submitted on behalf of the petitioner that husband is already in custody. Petitioner is mother-in-law of the deceased.
From the written report, it appears that there is general and omnibus allegation against the petitioner, who is a lady.
It has been submitted that co-accused has been granted anticipatory bail by a co-ordinate Bench of this Court by
Patna High Court Cr.Misc. No.28647 of 2017 (2) dt.06-07-2017 2/2 order dated 28.01.2017 passed in Cr. Misc. No.54876 of 2016. 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 Fatehpur P.S. Case No.87 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 Additional Chief Judicial Magistrate, X, Gaya, 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.