Binda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25203 of 2021 Arising Out of PS. Case No.-321 Year-2018 Thana- FATEHPUR DistrictGaya ====================================================== 1.

Binda Devi W/O Kameshwar Yadav R/O Village-Sighiya, P.S.-Fatehpur, Gurpa O.P., District-Gaya.

2.

Kameshwar Yadav S/O Late Laxman Yadav R/O Village-Sighiya, P.S.- Fatehpur, Gurpa O.P., District-Gaya.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Ajay Kumar Sinha, Advocate For the State :

Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-08-2021 Heard learned counsel for the petitioners and learned APP for the State through video conference. Learned counsel for the petitioners has filed an undertaking that all defects pointed out by the stamp reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately upon resumption of normal physical functioning of the Court, and in any event within one month thereof.

2. The petitioners have renewed their prayer for anticipatory bail in connection with Fatehpur (Gurpa O.P.) P.S. Case No. 321 of 2018 for the offences alleged under Sections 304B/34 of the Indian Penal Code, having earlier been rejected by order dated 23.07.2019 in Cr. Misc. No. 29056 of 2019.

Patna High Court CR. MISC. No.25203 of 2021(2) dt.18-08-2021 2/2

3. Learned counsel for the petitioners submits that in a subsequent development, the husband of the deceased has been acquitted in Sessions Trial No. 02 of 2019/ 241 of 2019 in terms of judgment dated 16.01.2020 (Annexure-4). The said judgment has been passed after examination of witnesses in course of trial.

4. Learned APP appears and has been heard.

5. Be that as it may, in the event of petitioners' arrest or surrender before court below within six weeks from the date of communication of this order, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Xth, Gaya in connection with Fatehpur (Gurpa O.P.) P.S. Case No. 321 of 2018, if they are not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Ibrar//- U T