Patna High Court - Orders
Nagmani Devi @ Narayani Devi vs The State Of Bihar on 16 September, 2014
Author: Akhilesh Chandra
Bench: Akhilesh Chandra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22901 of 2014
Arising Out of PS.Case No. -132 Year- 2013 Thana -MOTIHARI CITY District-
EASTCHAMPARAN(MOTIHARI)
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Nagmani Devi @ Narayani Devi, Wife of Maheshwari Mishra
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sunil Kumar No.III, Advocate
For the State : Mr. Md. Arif, APP
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CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA
ORAL ORDER
3 16-09-2014Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner, who apprehends her arrest in connection with a case registered for the offence punishable under Section 304B of the Indian Penal Code, is one of the named accused in this case being mother-in-law of deceased daughter of the informant, who died within a year of her marriage under unnatural circumstances.
Submission is of false implication with ulterior motive. Husband and son of the petitioner faced trial and had already been acquitted and during pendency of the trial, the petitioner had preferred application under Section 438 of the Code of Criminal Procedure on 10th July 2012 itself which could be disposed of only on 3rd February 2014 and just a month thereafter husband and son of the petitioner have been acquitted.
Having regard to the facts and circumstances of the case, in the event of her arrest or surrender before the court below within four weeks, let the petitioner abovenamed be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each Patna High Court Cr.Misc. No.22901 of 2014 (3) dt.16-09-2014 2/2 to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in connection with Town P.S. Case No.132 of 2013, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled.
(Akhilesh Chandra, J) Ashwini/-
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