Fulti Devi @ Falti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29754 of 2017 Arising Out of PS.Case No. -42 Year- 2016 Thana -ALINAGAR District- DARBHANGA ====================================================== Fulti Devi @ Falti Devi, W/o Ram Prasad Chaupal, R/v- Goswa, PSAlinagar, Dist- Darbhanga. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Alinagar P.S. Case No. 42 of 2016 registered for the offences punishable under sections 304(B), 302, 201, 120(B)/34 of the Indian Penal Code.

At the very outset it is submitted on behalf of the petitioner that the petitioner is old mother-in-law and she is suffering in custody since 28.4.2017. The husband has faced the trial vide Sessions Trial No. 404 of 2016 and he has been acquitted vide judgment dated 27.05.2017 by 2nd Additional Sessions Judge, Benipur and as such, she deserves sympathetic consideration. Learned APP submits that during trial, the

Patna High Court Cr.Misc. No.29754 of 2017 (2) dt.10-07-2017 2/2 prosecution witnesses have turned hostile.

In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Benipur (Darbhanga) in connection with Alinagar P.S. Case No. 42 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on her part without any reason, shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Mahesh/- U T