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Patna High Court - Orders

Sushila Devi vs The State Of Bihar on 23 August, 2017

Author: Arvind Srivastava

Bench: Arvind Srivastava

      Patna High Court Cr.Misc. No.25528 of 2017 (3) dt.23-08-2017




                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Criminal Miscellaneous No.25528 of 2017
                      Arising Out of PS.Case No. -118 Year- 2016 Thana -SIMRIBAZAR District- DARBHANGA
                   ======================================================
                   1. Sushila Devi W/o Dhanku Raut Residence of Mohalla/Vill - Kumar Patti,
                   P.S. - Simri , Distt - Darbhanga.

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

                                                                 .... .... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     : Mr. Kedar Jha
                   For the Opposite Party/s : Mr. Sri Asharaf Ansari
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA
                   ORAL ORDER

3   23-08-2017

Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Simri Police Station Case No. 118 of 2016, disclosing offences under Section 304(B)of the Indian Penal Code.

Learned counsel for the petitioner has submitted that there is general and omnibus allegation against the petitioner and no specific overt act is attributed to her. In fact, the deceased died due to an accident met and caught fire with her while she was cooking. The petitioner happens to be the mother-in-law of the deceased is innocent and has not committed any offence. No any cogent material has come against the petitioner during course of investigation. Hence, the petitioner, who is said to be Patna High Court Cr.Misc. No.25528 of 2017 (3) dt.23-08-2017 an old lady and of clean antecedent, deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender before the Court below within six weeks, be released on 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, Darbhanga, in connection with Simri Police Station Case No. 118 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/-

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