SUPREME COURT OF INDIA

Before:- D.P. Mohapatra and Shivraj V. Patil, JJ.

S.L.P. (Crl.) No. 4220/2000(From the judgment and order dated 10/11/2000 in CRLM 28498/2000 of the High Court if Patna). D/d. 2.2.2001.

Kanchan devi - Petitioner

Versus

State of Bihar - Respondent

Criminal Procedure Code, 1973 Section 438 Anticipatory bail to female accused - Accused is married sister of deceased husband and having one year old child - Anticipatory bail granted - Conditions imposed.

[Paras 2 and 3]

ORDER

1. Heard Mr. H. L Aggarwal, learned senior counsel appearing for the Petitioner and Ms. Sunita R. Singh, advocate appearing for State of Bihar.

2. The Petitioner herein Kanchan Devi @ Kanchan Gupta is married sister of the husband of the deceased. She has a child aged about one year. Her application for grant of anticipatory bail was dismissed by the High Court with the observations that if she files an application for regular bail, the same shall be considered and disposed of on the same day.

3. Having regard to the facts and circumstances of the case, it is our view that the Petitioner should be granted anticipatory bail in the case. Accordingly, it is ordered that in the event of the arrest of the Petitioner in Lakhisarai P.S. Case No. 295/2000 (GR No. 633/2000) she will be released on bail by the police officer causing the arrest subject to the condition that she will appear before the investigating officer as and when required for purpose of the investigation and will not take any step to tamper with evidence or win over witnesses.

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