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
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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/-