IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.33225 of 2010
SARSWATI DEVI & ANR
Versus
THE STATE OF BIHAR
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02/ 3.11.2010 Heard learned counsel for the petitioners as well as learned
P.P. for the State.
Petitioners are apprehending their arrest in connection with
Siwan (Muffasil) P.S. Case no. 17/2002 registered under sections
498A,304B,201/34 IPC and 3/ 4 of the D.P.Act.
Admittedly, earlier petitioners preferred Cr. Misc. no.
30722/2003 but the aforesaid criminal miscellaneous case was
dismissed as withdrawn.
Though the petitioners did not surrender before the court
below even after withdrawing the aforesaid criminal miscellaneous
case but learned counsel for the petitioners seeks anticipatory bail of
the petitioners on the ground that the husband, father-in-law and
Dewar of the deceased faced trial in Sessions trial no. 202/2004 and
all the aforesaid persons were acquitted as neither the informant nor
any person supported the prosecution story.
Though the petitioners committed negligence and violated
order of this court by not surrendering before the court below within
the reasonable period, but considering this aspect of the matter that
petitioner no.1 is mother-in-law and petitioner no.2 is married Nanad
of the deceased, I think it proper to extend the privilege of anticipatory
bail to them.
Accordingly, this anticipatory bail is allowed and it is
ordered that the petitioners( Sarswati Devi and Anita Devi) in the
2
event of arrest/ surrender within 30 days from the date of
communication of the order be released on bail in connection with
Siwan (Muffasil) P.S. Case no. 17 of 2002 on furnishing bail bond of
Rs 10,000/- each with two sureties of the like amount each to the
satisfaction of the Chief Judicial Magistrate, Siwan subject to
condition as laid down under section 438(2) of the Cr. P.C.
shahid (Hemant Kumar Srivastava,J))