Patna High Court - Orders
Guriya Rani vs The State Of Bihar on 1 July, 2017
Author: Sanjay Priya
Bench: Sanjay Priya
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22963 of 2017
Arising Out of PS.Case No. -171 Year- 2016 Thana -SAHEBPUR KAMAL District- BEGUSARAI
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Guriya Rani, wife of Shri Sarvesh Kumar Sharma, resident of Village-
Milki, Police Station- Bihpur in the District of Bhagalpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Bimal Kumar, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
3 01-07-2017Heard learned counsel for the petitioner and the State.
The petitioner apprehends her arrest in Sahebpur Kamal P.S. Case No. 171 of 2016 instituted for the offence under Sections 302, 201 and 120B/34 of the Indian Penal Code.
It has been submitted on behalf of the petitioner that she is first wife of Sarvesh Kumar Sharma. The First Information Report is against unknown.
From the Fardbeyan it appears that dead body of a female along with three minor children was recovered from the platform No. 2 of Sanha Halt. The First Information Report has been lodged against unknown on 19.9.2016 by Chowkidar. Thereafter, one petition has been filed by brother of the deceased on 25.9.2016 against Sarvesh Kumar Sharma raising suspicion Patna High Court Cr.Misc. No.22963 of 2017 (3) dt.01-07-2017 2/3 against this petitioner.
The learned counsel for the petitioner has submitted that co-accused Jyotish Prasad Sharma has been granted regular bail by this Court vide order dated 28.4.2017 passed in Cr. Misc. 13231 of 2017.
Case diary has been received.
Learned A.P.P. has submitted that despite suspicion, there is no any specific overt act against the petitioner.
The petitioner is a lady.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Sahebpur Kamal P.S. Case No. 171 of 2016, 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 Additional Chief Judicial Magistrate, Vth, Begusarai, 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 absence on two Patna High Court Cr.Misc. No.22963 of 2017 (3) dt.01-07-2017 3/3 consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner 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/-
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