Anaro Devi @ Anari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55691 of 2015 Arising Out of PS.Case No. -12 Year- 2002 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Anaro Devi @ Anari Devi wife of Late Ganaur Paswan, resident of Village- Gurmiya Inarawa Tola, P.S.- Madhuban, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar Mishra For the Opposite Party/s : Mr. R.B.Roy Raman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 16-12-2015 Heard Mr. Verma, Counsel for the petitioner and Mr. Dayal, APP for the State.
The petitioner seeks bail in Madhuban P.S Case No. 12 of 2002 registered under Sections 498A, 302 and 34 of the Indian Penal Code.
Earlier, her prayer for bail was rejected. However, she was given liberty to renew prayer for bail if the trial does not record adequate progress within 6 months.
Referring to the order-sheet of the Trial Court, it has been submitted that the charges were framed on 27.05.2015 and thereafter, till date, no witness has been produced on behalf of the prosecution. Petitioner is in custody since 12.7.2014. Considering the facts and circumstances of the case, while declining the prayer made on behalf of the petitioner, the
Patna High Court Cr.Misc. No.55691 of 2015 (2) dt.16-12-2015 2/2 application is disposed of by the following order:- Let the Trial Court endeavour and examine all prosecution witnesses within four months from the date of receipt/production of a copy of the this order failing which the petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each subject to the following conditions:
(i) One of the bailers shall be the own/close family members of the petitioner.
(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.
(Kishore Kumar Mandal, J) Pankaj/- U T