Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17550 of 2019 Arising Out of PS. Case No.-552 Year-2017 Thana- MANIHARI District- Katihar ====================================================== Rekha Devi, Wife of Naresh Pd. Sah, Resident of Pagalbari, P.S- Manihari, Distt.- Katihar ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-05-2019 Petitioner seeks regular bail in connection with S.T. No.93 of 2018 arising out of Manihari P.S. Case No.552 of 2017 registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.

Earlier prayer for bail of the petitioner was rejected vide order dated 05.07.2018 passed in Criminal Misc. No.30646 of 2018.

Submission of the learned counsel for the petitioner is that in this case up till now only six witnesses have been examined and all are declared hostile and the informant has not been examined so far. Further submission is that petitioner is in custody since 28.12.2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the facts and

Patna High Court CR. MISC. No.17550 of 2019(3) dt.21-05-2019 2/2 circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage. However, once the informant is examined in this case, the petitioner is at liberty to move before the learned court below itself for bail which will be considered by the learned trial court on the basis of materials available on record against this petitioner at that time and also considering the fact that petitioner is a lady.

With the above observations, this application is disposed of.

(Vinod Kumar Sinha, J) sunil/- U T