Phulo Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20018 of 2022 Arising Out of PS. Case No.-128 Year-2014 Thana- BARH District- Patna ====================================================== Phulo Devi Wife Of Late Kamta Paswan R/O Village- Kaima, P.S.- Sakshora, District- Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Advocate.

Kumari Pallavi, Advocate.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Barh P.S. Case No. 128 of 2014 lodged under Sections 304(B)/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that it is true that this police case is of 2014 and till date trial has not commenced but petitioner is ready to support the trial. Learned counsel for the petitioner further submits that petitioner is a lady aged about more than 50 years. He further submits that in this case the husband of the deceased was granted bail. Learned counsel for the petitioner submits that petitioner is in custody since 04.02.2022. Learned counsel for the State opposes the prayer for bail

Patna High Court CR. MISC. No.20018 of 2022(2) dt.21-07-2022 2/2 and submits that if bail shall be granted, then the petitioner shall evade from trial.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Barh, District Patna in connection with Barh P.S. Case No. 128 of 2014, fulfilling the conditions as laid down under Section 437(3) of Cr.P.C. It is further directed that the petitioner shall appear on each and every date before the Trial Court and shall support during the trial. In case of non-appearance for two consecutive dates, her bail bond stand cancelled. On any occasion if it transpires to the lower court that she is evading her appearance, then it shall be liberty of the Court to cancel her bail bond. One of the bailor shall be close relative of the petitioner.

With this observation, the bail application stands allowed. (Dr. Anshuman, J.) ritik/- U T