Jeera Devi @ Zira Devi v. The State Of Bihar

Patna High Court CR. APP (SJ) No.2566 of 2017 (3) dt.13-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2566 of 2017 Arising Out of PS.Case No. -55 Year- 2017 Thana -PARWALPUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Jeera Devi @ Zira Devi W/o Pappu Yadav, R/o Village- Harprasad Bigha, P.S.- Parwalpur, District- Nalanda.

.... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Anil Chandra For the Respondent/s : Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-10-2017 The appellant seeks regular bail in connection with Parwalpur P.S. Case No. 55 of 2017, registered for offences punishable under Sections 302/34 of the Indian Penal Code, and Section 3(2)(v) of SC/ST (POA) Act.

Allegation against the appellant and others is of assaulting the sister in law of the informant and causing injury to her and later on she succumbed to her injuries. Submission of learned counsel for the appellant that only general and omnibus allegations have been levelled against the appellant. It has also been submitted that the occurrence took place in the spur of moment and appellant is a lady and has been in judicial custody for last six months.

Heard learned A.P.P. also.

Having heard both sides, in view of the facts as stated above, this appeal is allowed and impugned order is set aside. Let

Patna High Court CR. APP (SJ) No.2566 of 2017 (3) dt.13-10-2017 the appellant above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional District Judge cum Special Judge, Nalanda at Biharsharif, in connection with Parwalpur P.S. Case No. 55 of 2017, subject to the following conditions:- (i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The appellant will not induce any witness or tamper with the evidence.

(iii) The appellant shall cooperate in the disposal of trial and make herself available as and when required by the court and on the event of failure on her part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of her bail bonds.

(Vinod Kumar Sinha, J) sunil/- U