Petitioner sought anticipatory bail in an FIR regarding Section 304(B) IPC participation. The single judge allowed bail on surrender within six weeks, directing surety and trial cooperation.
Bail allowed on surrender/arrest within six weeks via bond of Rs.10,000 with two sureties and conditions of cooperation.
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.36092 of 2018
Arising Out of PS.Case No. -290 Year- 2017 Thana -HARNAUT District- NALANDA
(BIHARSHARIFF)
====================================================== Sitapati Devi, Wife of Arjun Kewat, Resident of Birju Milki, Police StationHarnaut (Chero), District- Nalanda.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Singh, Advocate. For the informant : Mr. Rabindra Prasad Singh, Advocate For the Opposite Party/s : Mr. Rajesh Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
The petitioner apprehends her arrest in Harnaut (Chero) P.S. Case No. 290 of 2017, instituted for the offence under Sections 304(B)/34 of the Indian Penal Code.
Counsel for the petitioner has submitted that petitioner is mother-in-law of the deceased. It has further been submitted that husband of the deceased is already in custody.
In the written report there is general and omnibus allegation against the petitioner.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the
Patna High Court Cr.Misc. No.36092 of 2018 (4) dt.13-07-2018
2/2
event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Harnaut (Chero) P.S. Case No. 290 of 2017, she shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif , 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 her absence on two consecutive dates without proper and reasonable reason will be liable to cancel her bail bond 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/Rohit Kr.
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in the facts and circumstances of the case.
1 provisions across 1 enactments
Sitapati Devi
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
