Kiran Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9136 of 2023 Arising Out of PS. Case No.-450 Year-2021 Thana- MAHUA District- Vaishali ====================================================== 1.
KIRAN DEVI Wife of Saroj Kumar @ Saroj Kumar Singh R/vChakmajahid, Chainpur, Ward No. 12, P.S.- Rajapakar, District- Vaishali at Hajipur 2.
GITA DEVI @ GEETA DEVI Wife of Mintu Singh R/v- Chakmajahid, Chainpur, Ward No. 12, P.S.- Mahua, District- Vaishali at Hajipur ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Navjot Yeshu, Advocate For the Opposite Party/s :
Mr. Bharat Lal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-02-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State, Mr. Bharat Lal. The petitioners seek bail in a case registered for the offences punishable under Sections 328, 302 and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that this is the second attempt of the petitioners to seek bail, as earlier, vide order dated 16.05.2022 in Cr. Misc. No. 66197 of 2021, permission was granted to the petitioners to withdraw their bail application with liberty to renew their prayer for bail, in the event, if the trial is not concluded within a period of eight months from the date of receipt/production of a copy of the
Patna High Court CR. MISC. No.9136 of 2023(2) dt.15-02-2023 2/3 order .
Learned counsel for the petitioner submits that, till date, charges have not been framed and the allegations against the petitioners are of poisoning the five year old son of the informant who died.
Learned counsel further submits that the informant is not an eye-witness to the occurrence, it is also submitted that the deceased was playing with son of the petitioner No. 1 and, as such, the relationship between the family was cordial, it is also submitted that no motive has been assigned for committing the occurrence.
Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioners and submits that, till, date, charges have not been framed.
Considering the submissions made by the learned counsel for the petitioners, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Mahua P.S. Case No. 450 of 2021.
Patna High Court CR. MISC. No.9136 of 2023(2) dt.15-02-2023 3/3 The bail bonds of the petitioners shall be accepted only after framing of charges.
(Satyavrat Verma, J) HarshPandey/- U