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Patna High CourtCR. MISC./2164/2022bail rejected

Pinki Devi @ Sarita Devi v. The State Of Bihar

2022-10-10Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2164 of 2022 Arising Out of PS. Case No.-544 Year-2021 Thana- NATHNAGAR District- Bhagalpur ====================================================== Pinki Devi @ Sarita Devi W/O Akhilesh Mandal R/o village- Gonarchak, P.S.- Parbatta, District- Bhagalpur ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Anand, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-10-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Nathnagar P.S. Case No. 544 of 2021 lodged under Sections 489A/ 489B/489C/420/34 of the I.P.C.

The allegation against the petitioner is to using fake currency notes as genuine notes.

Learned counsel for the petitioner submits that petitioner is a lady and has committed no offence. She is a victim of the present case.

Learned counsel for the petitioner submits that petitioner is innocent and is in custody since 07.10.2021 and

Patna High Court CR. MISC. No.2164 of 2022(3) dt.10-10-2022 2/3 charge sheet has already been filed in this case. Learned counsel for the State opposes the prayer for bail and submits that there is criminal antecedent of the present petitioner with same nature of offence that is using fake currency notes as genuine.

Upon query, learned counsel for the petitioner submits that as per his knowledge charge has not framed in this case In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail at present. But liberty is hereby granted that petitioner may renew her prayer for bail 3 months after framing of charge and the trial Court is directed to release her on bail on her own conditions, so that the petitioner may not evade from trial. Speedy trial is the constitutional vision of justice. Admittedly, there are in total 2 criminal cases (including the present one) pending against the petitioner which belongs to the District and Sessions Judge, Bhagalpur which are as follows: i. Nathnagar P.S. Case No. 183 of 2016 ii. Nathnagar P.S. Case No. 544 of 2021 (present case) Let the District and Sessions Judge, Bhagalpur is directed to do the needful, so that all the magisterial triable

Patna High Court CR. MISC. No.2164 of 2022(3) dt.10-10-2022 3/3 cases or sessions triable cases prior to commitment shall run before one Magistrate with one date and all sessions triable cases after commitment, shall run before one Session Court with one date.

Let the copy of this order is communicated to the District and Sessions Judge, Bhagalpur for perusal and necessary compliance.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) ashishsingh/- U T