Kajal Kumari @ Kajal Devi @ Sanjana Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13152 of 2021 Arising Out of PS. Case No.-120 Year-2019 Thana- BANGAWON District- Saharsa ====================================================== Kajal Kumari @ Kajal Devi @ Sanjana Kumari D/o Late Bablu Chaudhary @ Late Raj Kumar Choudhari, W/o Saroj Choudhary R/o village- Safawad Bariyahi Bazar, Ward No. 03, P.S.- Bangaon, District- Saharsa ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Mishra, Adv.
For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-07-2021 In view of sudden resurgence of COVID-19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode. Heard learned counsel for the petitioner and the learned APP for the State.
This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in Bangaon P.S. Case No.120 of 2019 registered under Sections 304, 34 of the IPC. The brother of the deceased is the informant. Petitioner, wife of the deceased along with son and the daughter of the deceased have been made accused. Allegedly, because of
Patna High Court CR. MISC. No.13152 of 2021(2) dt.20-07-2021 2/3 some domestic dispute, the petitioner had hit the deceased with lathi on his head. Allegedly, the son of the deceased, Rohit Kumar, also assaulted the deceased with bamboo stick on his head.
Learned counsel for the petitioner has drawn my attention to the postmortem report to submit that there is only one injury found in the head of the deceased, which falsifies the case of the prosecution. He has submitted that the brother of the deceased has falsely implicated the family members of the deceased for ulterior reasons. Similarly situated co-accused has been granted bail in Cr. Misc. No.16129 of 2020 vide order dated 02.06.2020.
Learned APP has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate,Ist, Saharsa in Bangaon P.S. Case No.120 of 2019, 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
Patna High Court CR. MISC. No.13152 of 2021(2) dt.20-07-2021 3/3 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 be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) Prakash Narayan /- U T