Vandana Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23657 of 2024 Arising Out of PS. Case No.-21 Year-2017 Thana- BIDUPUR District- Vaishali ====================================================== Vandana Kumari Wife of Niraj Kishore Singh @ Pankaj Kumar Resident of Village- Fulpura, P.S.- Bidupur, District- Vaishali, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the State :

Mr. Jagadhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Bidupur P.S. Case No. 21 of 2017 registered on 24.01.2017 lodged under Sections 341, 323, 326, 307, 498A, 304 and120B I.P.C.

3. As per the prosecution case, F.I.R. has been lodged against four named accused persons against whom there is an allegation that petitioner along with the other members of the family used to assault the informant.

4. Counsel further submits that petitioner is innocent and has committed no offence. He submits that petitioner is the Gotni of the deceased and husband is already in custody and upon commencement of trial against the petitioner, he has been convicted in the appeal. He further submits that petitioner was

Patna High Court CR. MISC. No.23657 of 2024(2) dt.04-04-2024 2/2 completely unaware of this fact but as she came to know, she has surrendered on 19.12.2023 and is in custody since 19.12.2023 having no case pending against her.

5. Learned counsel for the State opposes the prayer for bail and submits that F.I.R. is of the year 2017 and petitioner was absconding, and it is due to this reason trail has commenced against only one of the accused persons.

6. Upon specific query made by this Court that whether charge has been framed or not, counsel for the petitioner submits that he is not aware of this fact that charge has been framed or not.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail after framing of charge if the charge is not framed yet and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 21 of 2017, subject to the conditions laid down under Section 437 (3) of the Cr.P.C. (Dr. Anshuman, J) Sunnykr/- U