Patna High Court - Orders
Anita Devi @ Rita Devi vs The State Of Bihar on 2 May, 2013
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12073 of 2013
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Anita Devi @ Rita Devi, wife of Krishna Dom, r/o village Bazpura,
Domtoli, P.S. Belaganj, Distt. Gaya.
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Adv.
For the State : Mr. Ashok Kr. No. I, A.P.P.
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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL ORDER
2 02-05-2013Heard learned counsel for the Petitioner and the State.
The Petitioner seeks bail in a case instituted for the offence under Sections 414, 216 Indian Penal Code and Sections 25 (1-B)A, 26 and 35 of the Arms Act.
Considering that the Petitioner is a lady without going into the veracity of the allegation, let the Petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of Chief Judicial Magistrate, Gaya, in connection with Belaganj P.S. Case No. 43 of 2012 subject to the following conditions: (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner and the other shall be the maternal father-in-law of the Petitioner namely, Ajay Ram. The bailor will also undertake to Patna High Court Cr.Misc. No.12073 of 2013 (2) dt.02-05-2013 2/3 inform the Court if there is any change in the address of the Petitioner. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioner is implicated in any other case of similar nature after her release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iii) That the Petitioner will give an undertaking that she will receive the police papers on the given date and be present on date fixed for charge and if she fails to do so on two given dates and delays the trial in any manner, her bail will be liable to be cancelled for reasons of misuse. (iv) That the Petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled.
In view of the antecedents of the Petitioner, the Petitioner is directed to appear before the Superintendent of Police, Gaya, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next six months. The conduct of the Petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a Patna High Court Cr.Misc. No.12073 of 2013 (2) dt.02-05-2013 3/3 certificate will be filed by the Petitioner before the court concerned.
(Anjana Prakash, J) S.Ali