Patna High CourtCR. MISC./35005/2017bail granted

Geeta Kunwar v. The State Of Bihar

2017-09-13Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 35005 of 2017 Arising Out of PS. Case No.-127 Year-2016 Thana- Motihari Town District- East Champaran ====================================================== Geeta Kunwar W/o Late Punit Das, R/o Village- Machhaha, P.S.- Motihari Mufassil, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.C.Verma, Sr.Adv.

Smt. Priyanka Singh, Adv.

For the Opposite Party/s :

Smt. Indu Bala Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

13-09-2017 Heard Sri Y.C.Verma, learned senior counsel assisted by Smt. Priyanka Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor.

This is the second attempt for grant of bail on behalf of the petitioner. Earlier, the prayer for bail of the petitioner was rejected by order dated 06-12-2016 passed in Cr. Misc. No. 37409 of 2016.

In this case, by order dated 23-08-2017, a report was called for from the court below regarding stage of the case, which has been received and kept at flag 'G'. The report suggests that despite the fact that charge in the case was framed on 09-06-2016, though there were only five witnesses in the chargesheet, despite issuance of summon and letter to the

Patna High Court Cr.Misc. No.35005 of 2017(3) dt.13-09-2017 2/2 Superintendent of Police, till date, not even a single witness has been examined.

Considering the fact that petitioner is in custody since 24-02-2016, as stated in paragraph - 12 of the petition as well as the fact that despite framing of charge long back in the month of June, 2016, the prosecution has not produced even a single witness, the Court is of the opinion that the petitioner may not be detained in custody for an indefinite period. Accordingly, let the petitioner namely Geeta Kunwar be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Motihari in connection with N.D.P.S. Case No. 9 of 2016, arising out of Motihari Town P.S. Case No. 127 of 2016, G.R. Case No. 729 of 2016. (Rakesh Kumar, J.) anay U T