Patna High CourtCR. MISC./9529/2024bail granted

Sanju Devi v. The State Of Bihar

2024-02-22Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9529 of 2024 Arising Out of PS. Case No.-156 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== Sanju Devi Wife Of Kailash Rai @ Pramod Rai Residence Of VillagePaharpur, Ward No. 6, P.S.-Tajpur, Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hare Krishna Prasad, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Tajpur (Halai) P.S. Case No.156 of 2023, lodged on 21.03.2023, under Sections 147, 149, 447, 448, 341, 323, 324, 326, 307, 504 and 506 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against three named and 3-4 unknown accused persons against whom allegation is that they have attacked on the grand-son of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She is lady aged about 50 years. The petitioner is in custody since 11.09.2023 having no criminal antecedent. Learned counsel

Patna High Court CR. MISC. No.9529 of 2024(2) dt.22-02-2024 2/3 submits that so far as merit of the case is concerned there is nothing specific against the present petitioner; rather a general and omnibus allegation has been alleged against three named and 3-4 unknown accused persons that they have attacked on the grand son of the informant. Counsel submits that there is case and counter case. The counter case filed by the petitioner is Annexure-4.

4. Learned counsel for the State opposes the prayer for bail.

5. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.-I, Samastipur, in connection with Tajpur(Halai) P.S. Case No.156 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions: (i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) The petitioner shall appear on each and every date before the trial court and failure to do so for two consecutive

Patna High Court CR. MISC. No.9529 of 2024(2) dt.22-02-2024 3/3 dates without plausible reason will entail cancellation of his bail bonds by the trial court itself;

(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the state shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the state shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T