The High Court at Patna granted anticipatory bail to the petitioner, a mother-in-law, in a case involving offences under Sections 498-A and 306 IPC, where no specific overt act was alleged against her in the police report.
Anticipatory bail granted; petitioner to be released on surrender/furnishing bond with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.57259 of 2017
Arising Out of PS.Case No. -236 Year- 2017 Thana -PIRO District- BHOJPUR
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Rita Devi, Wife of Shambhu Singh, Resident of Vilage- Bharkuriya, Police Station- Suryapura, District- Rohtas at Sasaram.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party/s : Mr. Amit Kumar Rakesh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2 07-12-2017 Heard learned counsel for the petitioner and the State.
The petitioner apprehends her arrest in Piro P.S. Case No. 236 of 2017 instituted for the offence under Sections 498-A and 306 of the Indian Penal Code.
It has been submitted that petitioner is mother-in-law of the deceased.
From the written report itself it appears that there is no specific allegation of overt act against this petitioner.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Piro P.S. Case No. 236 of 2017, she shall be released on anticipatory bail on furnishing bail
Patna High Court Cr.Misc. No.57259 of 2017 (2) dt.07-12-2017
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bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Bhojpur at Ara, 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)
S.Ali/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in a case under Sections 498-A and 306 IPC.
1 provisions across 1 enactments
Rita Devi
State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
