Neelam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7488 of 2016 Arising Out of PS.Case No. -143 Year- 2010 Thana -TEGHRA District- BEGUSARAI ======================================================

1. Neelam Devi Wife of Late Hari Nandan Singh @ Hari Nandan Sharma, resident of village- Madhurapur Dakshin Tola, P.s.- Teghra, in the district of Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Jagdhar Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-02-2016 Petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 341, 323, 504, 342, 307/34 and 379 of the Indian Penal Code. The prosecution case is of making assault to the informant by the petitioner and her sons. On conclusion of the investigation the petitioner was not sent up for trial, final form was submitted and cognizance was taken against chargesheeted accused persons. Subsequently, during the trial of the case of the accused the petitioner has been summoned in exercise of jurisdiction under Section 319 Cr.P.C vide order dated 19.12.2015.

It is submitted by learned counsel for the petitioner that learned Sessions Judge has not deliberated the evidence which persuaded learned Trial Court to summon the petitioner in exercise of jurisdiction under Section 319 Cr.P.C

Patna High Court Cr.Misc. No.7488 of 2016 (2) dt.19-02-2016 2/2 and on conclusion of the investigation the petitioner was not sent up for trial. The petitioner undertakes to appear during trial regularly.

Considering the aforesaid facts, let the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge, Begusarai in connection with Sessions Trial No. 269 of 2012, arising out of Teghra P.S. Case No. 143 of 2010, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Learned Trial Court will be at liberty to cancel the bail bonds of the petitioner, if the petitioner defaults for two consecutive occasions during the trial.

(Dinesh Kumar Singh, J) Shageer/- U T