Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4417 of 2023 Arising Out of PS. Case No.-360 Year-2021 Thana- MASAUDHI District- Patna ====================================================== Rekha Devi W/O Ajay Giri, R/O Sati Asthan, P.S.- Masaudhi, Distt- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harish Kumar, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-02-2023 Let the defect, 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 Sessions Case No. 923 of 2022 arising out of Masaudhi P.S. Case No. 360 of 2021 lodged under Sections 302/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the bail application of the petitioner has been rejected vide order dated 12.09.2022 passed in Cr. Misc. No. 23719 of 2022 in which observation was made that the petitioner may prayer for bail after three months of framing of charge. Counsel further submits that charge has been framed in this case on 29.09.2022

Patna High Court CR. MISC. No.4417 of 2023(3) dt.08-02-2023 2/3 and three months have already been lapsed.

Learned counsel for the State also submits that three months have lapsed in framing of the charge, as it appears form the record.

In this view of the matter, 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 learned A.D.J.-II, Masaurhi in connection with Sessions Trial No. 923 of 2022 arising out of Masaurhi P.S. Case No. 360 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of her bail bond.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that she shall not involve in such

Patna High Court CR. MISC. No.4417 of 2023(3) dt.08-02-2023 3/3 criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of her present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U