The High Court granted anticipatory bail to the petitioner, wife of an accused, in an obstruction case. Bail granted subject to appearance conditions and furnishing of security.
Released on bail upon surrender within four weeks, subject to appearance conditions and security.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31039 of 2016 Arising Out of PS.Case No. -363 Year- 2016 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Prabhawati Devi Wife of Birendra Ram, resident of Village Itadhi, P.S. Sonhan District Kaimur at Bhabua. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 12-08-2016 Heard the counsel for the petitioner and the State.
The petitioner herein seeks anticipatory bail in Bhabua (Sonhan) P.S. Case No. 363 of 2016, registered under Section 353 and other allied Sections of the Indian Penal Code.
The husband of the petitioner was accused of a murder case. When the police went to apprehend her husband, the petitioner being wife of the accused obstructed the police personnel. Taking advantage of the obstruction, the accused managed to escape.
Contention of the petitioner is that she is a lady and wife of the accused (Birendra Ram). It is not the allegation that any stone pelted by her or any assault was inflicted on the police personnel by her.
Patna High Court Cr.Misc. No.31039 of 2016 (2) dt.12-08-2016
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In the facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in Bhabua (Sonhan) P.S. Case No. 363 of 2016 subject to the condition as laid down under Section 438(2), the code of Criminal Procedure with further condition that one of the bailors shall be his own/close family member. The petitioner shall appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel his bail bonds.
(Kishore Kumar Mandal, J)
rohit/U T
1 issue framed by the court
Whether bail should be granted to the wife of an accused who allegedly obstructed police during the arrest of her husband to facilitate his escape.
1 provisions across 1 enactments
Prabhawati Devi
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
