High Court Patna High Court - Orders

Uma Devi vs The State Of Bihar on 12 September, 2011

Patna High Court – Orders
Uma Devi vs The State Of Bihar on 12 September, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Criminal Miscellaneous No.26584 of 2011
                       Uma Devi, W/o Late Ganesh Prasad Singh.
                                          Versus
                                   The State of Bihar
                                        ------------

02. 12.09.2011 Supplementary-affidavit filed today be kept on

record.

Heard learned counsel for the petitioner and the

State.

The petitioner is apprehending her arrest in a

case registered under Sections 384 and 426/34 of the

Indian Penal Code and Section 27 of the Arms Act.

It has been submitted that even though the

petitioner was named in the First Information Report

instituted in the year 2003 final report was submitted in

her regard on 28.04.2006 but the Court took cognizance

differing with the final report on 02.05.2006 and even

though issued bailable warrants was issued on

08.06.2006 it was never executed and thereafter the Court

issued bailable warrants on 16.09.2009 which is

demonstrated from Annexure-2 series. When the

petitioner learnt that she apprehended arrest she moved

for Anticipatory Bail.

Considering the same, let the petitioner, above

named be released on anticipatory bail in the event of

arrest or surrender before the learned Court below within
2

a period of four weeks from the date of receipt of the order

on furnishing bail bond of Rs. 5,000/- (Five Thousand)

with two sureties of the like amount each or any other

surety as fixed by the Court to the satisfaction of Chief

Judicial Magistrate, Supaul in connection with Triveniganj

P.S. Case No. 120 of 2003 subject to the conditions as laid

down under Section 438(2) of the Code of Criminal

Procedure as also 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. The bailor will also

undertake to inform the Court if there is any change in

the address of the petitioner. (ii) That the affidavit shall

clearly state that the petitioner is not an accused in any

other case and if she is she shall not be released on bail.

(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.

(Anjana Prakash, J.)
Vikash/-