Guriya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30497 of 2017 Arising Out of PS.Case No. -431 Year- 2015 Thana -FATUHA District- PATNA ====================================================== Guriya Devi, Wife of Sri Santosh Kumar @ Mahto, Resident of Village Mirjapur Nauhatta, P.S. Fatuha , District Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Navesh Nandan, Advocate For the Opposite Party : Mr. Awadhesh Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-08-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew the prayer of bail, which was earlier thrice rejected vide order dated 11.02.2016, 30.03.2016 and 23.11.2016 passed in Cr. Misc. 56128 of 2015, Cr. Misc. No. 12609 of 2016 and Cr. Misc. No. 46675 of 2016 respectively, on the ground that the petitioner being lady is suffering in custody since 18.09.2015, she has given birth to a child in jail itself and now for better care of child she deserves sympathetic consideration.

The learned A.P.P. submits that on the basis of confessional statement of petitioner, dead body of Raju Kumar was recovered but the trial has not been concluded within four

Patna High Court Cr.Misc. No.30497 of 2017 (3) dt.09-08-2017 2/2 months and the petitioner was given liberty to renew her prayer for bail.

In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned Additional District Judge, VII, Patna City, District - Patna, in connection with Sessions Trial No. 79 of 2016/139 of 2016, arising out of Fatuha P.S. Case No. 431of 2015, 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.) Rajiv/- U T