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Patna High CourtCR. APP (SJ)/430/2025allowed

Chandani Devi @ Chanda Devi v. The State Of Bihar

2025-07-04Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.430 of 2025 Arising Out of PS. Case No.-267 Year-2024 Thana- SAKRA District- Muzaffarpur ====================================================== Chandani Devi @ Chanda Devi Wife of Dharmendra Sahni Resident of Village- Rosra Pokhar, P.S.- Gaighat, Distt.- Muzaffarpur ... ... Appellant/s

Versus

1.

The State of Bihar Bihar 2.

Maheshwari Devi Wife of Shivji Ram Resident of Village- Jurawan Patti, Post- Pilkhi Gajpati, P.S.- Sakra, Distt.- Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Hans Lal Kumar, Advocate For the Respondent/s :

Mr. Sadanand Paswan, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-07-2025 Heard learned counsel for the petitioner and learned Spl.PP for the State.

2. The prayer for bail of the petitioner has earlier been rejected vide order dated 01.10.2024 passed in Cr. Misc. No.68856 of 2024, with liberty to renew the prayer for bail after framing of charge.

3. Learned Senior Counsel for the petitioner submits that at the time of rejection of bail order, liberty has been granted to the petitioner that he may renew his prayer for bail after framing of charge. Learned Senior Counsel submits that

Patna High Court CR. APP (SJ) No.430 of 2025(6) dt.04-07-2025 2/3 charge in this case has been framed on 16.12.2024 and about 6 months has already lapsed. Thereafter, learned Senior Counsel further submits that on the previous occasion, this Hon'ble Court has pleased to issue notice to O.P. No.2, which has been validly served upon them.

4. Learned Senior Counsel further submits that progress report of trial was called for. He submits that the antecedent of the petitioner is clean, charges have already been framed and 6 months have lapsed. He further submits that the petitioner is in custody since 04.07.2024 and no purpose shall be solved for keeping the petitioner in custody.

5. Learned APP for the State opposes the prayer for bail and submits that from perusal of report, it appears that there were in total of 7 charge-sheet witnesses, out of which 1 witness has been examined and the present case is fixed for adducing evidence of prosecution witnesses.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be released on bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) as mentioned in Section 2(1) (d) of the BNSS, 2023 to the satisfaction of learned Special Judge SC/ST (POA) Act, Muzaffarpur, in connection with Sakra

Patna High Court CR. APP (SJ) No.430 of 2025(6) dt.04-07-2025 3/3 P.S. Case 267 of 2024, subject to the following conditions as laid down under Section 480(3) of the BNSS.

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