Pawan Devi vs The State Of Bihar on 28 January, 2022

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Patna High Court - Orders

Pawan Devi vs The State Of Bihar on 28 January, 2022

Bench: Sandeep Kumar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33709 of 2021
                     Arising Out of PS. Case No.-138 Year-2016 Thana- SAHIYARA District- Sitamarhi
                 ======================================================
                 PAWAN DEVI W/o Shri Ram Babu Singh Resident of Village - Harkesh,
                 P.S.- Sahiyara, Distt.- Sitamarhi.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dinesh Jha
                 For the Opposite Party/s :       Ms. (Dr.) Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   28-01-2022

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner apprehends her arrest in connection with Sahiyara P.S. Case No. 138/2016 registered for the offences punishable under Sections 341/323/307/498-A/34 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act. Subsequently, Section 304(B) of the Indian Penal Code was added.

This is the second attempt of the petitioner for anticipatory bail. The only new ground as urged by the learned counsel for the petitioner is that the petitioner is suffering from Hepatitis-B. Smt. Mahdubala Verma, learned counsel for the Patna High Court CR. MISC. No.33709 of 2021(4) dt.28-01-2022 2/3 opposite party No. 2 submits that the second anticipatory bail is not maintainable and, therefore, it should be dismissed.

Considered the submissions of the parties. The petitioner has annexed the recent prescription which shows that the petitioner is still suffering from Hepatitis- B. Considering the aforesaid, the petitioner is granted interim bail for six months on medical grounds.

Accordingly, let the petitioner above named be released on bail for six months, in the event of her arrest or surrender before the court below within a period of ten weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Sahiyara P.S. Case No. 138/2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

The case is directed to be listed on 03.08.2022 for further hearing.

Before expiry of six months, the petitioner is required to file a supplementary affidavit stating therein the current medical condition of the petitioner.

It is directed that the petitioner shall be examined by a Patna High Court CR. MISC. No.33709 of 2021(4) dt.28-01-2022 3/3 doctor of Sadar Hospital, Sitamarhi, in the hospital and not privately.

(Sandeep Kumar, J) Saif/-Anand Kr.

U      T

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Patna High Court - Orders