Hiramani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26968 of 2021 Arising Out of PS. Case No.-264 Year-2020 Thana- PALASI District- Araria ====================================================== Hiramani Devi Wife Of Baidnath Yadav R/O Village- Karor, P.S.- Palasi, Dist.- Araria ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma, Advocate For the Opposite Party/s :

Mr.Bisheshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 10-12-2021 The applicant/accused in Crime No. 264 of 2020 registered with Palasi Police Station for the offences punishable under section 302 read with 34 of the Indian Penal Code, by this application is seeking her release on bail during pendency of the trial.

The learned counsel for the applicant submits that the applicant is behind Bars from 9.11.2020. He further points out that the coordinate bench of this Court on identical allegations was pleased to release accused no.2 Shakuntala Devi on bail vide order dated 13.9.2021 in Cr. Misc. No. 25279 of 2021. It is observed in the said order that being a female who has undergone one year of pre-trial detention. The applicant therein namely, Shakuntala Devi is entitled for

Patna High Court CR. MISC. No.26968 of 2021(2) dt.10-12-2021 2/3 bail.

The learned APP opposed the application.

I have considered the submission so advanced and perused the material placed before me. The case of the present applicant who happens to be a lady accused is exactly identical with that of accused no.2 Shakuntala Devi who is directed to be released on bail by the coordinate bench of the Court vide order dated 13.9.2021. Hence, on the principle of parity, the following order.

The application is allowed.

The applicant/accused in Crime No. 264 of 2020 registered with Palasi Police Station is directed to be released on bail on executing P.R. Bond of Rs. 20,000/- (Twenty Thousand) on furnishing sureties of the like amount to the satisfaction of the trial court with the following conditions:- (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer.

(II) The applicant/accused should not repeat the trial in expeditious disposal of the trial against him.

Patna High Court CR. MISC. No.26968 of 2021(2) dt.10-12-2021 3/3 (III) The applicant to remove all office objections forthwith and the Registry to issue bail-writ as per this order only after removal of office objections by the applicant/accused.

(A. M. Badar, J) Ravi/- U T