IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25704 of 2011
Pratima Devi, W/o Pradeep Kumar, D/o Sukdeo Sah.
Versus
The State of Bihar
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For the Petitioner : Dr. Amrendra Kumar-I, Adv.
For the State : Mr. C. Sen Pd. Singh, APP.
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02. 29.08.2011 Heard learned counsel for the petitioner and the
State.
The petitioner is apprehending her arrest in a
case registered under Section 302 of the Indian Penal
Code and Section 27 of the Arms Act.
Initially the father-in-law of the deceased filed
the case against unknown persons for the murder of his
daughter-in-law, later the father of the deceased turned
up and stated that it was case of dowry death.
It has been submitted that the petitioner is
married sister-in-law of the deceased and had no concern
with the deceased even though she was present at the
place of occurrence.
Considering the same as also that there is no
direct material against the petitioner, let the petitioner,
above named be released on anticipatory bail in the event
of arrest or surrender before the learned Court below
within 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
2
any other surety as fixed by the Court to the satisfaction
of Sub-Divisional Judicial Magistrate, Raxaul at Mothihari
in connection with Adapur P.S. Case No. 17 of 2010
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 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. (iii) 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/-