Manorama Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24412 of 2020 Arising Out of PS. Case No.-676 Year-2018 Thana- NATHNAGAR District- Bhagalpur ====================================================== MANORAMA DEVI Wife of Boudhu Yadav Resident of Village-Raghopur, P.S.-Nathnagar (Masudanpur) and District-Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pallavi Pandey, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-09-2020 Heard Mr. Pallavi Pandey, learned counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Sessions Trial No. 619 of 2019 arising out of Nath Nagar (Madhusudanpur) P.S. Case No. 676 of 2018 registered for the offences punishable under Sections 147, 148, 149 and 302 of the Indian Penal Code 1860.

The allegation against the petitioner as per the First Information Report is that he along with her other family members arrived at the house of the informant and started abusing. It is further alleged that co-accused Boudhu Yadav is that he caught hold the son of the informant and Lagga Yadav

Patna High Court CR. MISC. No.24412 of 2020(2) dt.22-09-2020 2/3 attacked him thrice by means of knife leading to his death. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case merely on the basis of fact that she happens to be the wife of co-accused Boudhu Yadav. Learned counsel further submits that Boudhu Yadav has already been granted bail by a co-ordinate Bench of this Cout vide order dated 24.10.2019 passed in Cr. Misc. 42298 of 2019. Learned counsel also submits that there is no overt act against the petitioner and she is in custody since 17.07.2019 having clean antecedent.

Having regard to the submissions made by the parties and taking into consideration the materials on record and also the fact that petitioner is in custody since 17.07.2019 and coaccused Boudhu Yadav has been granted bail by co-ordinate Bench of this Court, I am inclined to grant regular bail to the petitioner.

This application is allowed.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.VI, Bhagalpur, in connection with Sessions Trial No. 619 of 2019 arising out of Nath Nagar

Patna High Court CR. MISC. No.24412 of 2020(2) dt.22-09-2020 3/3 (Madhusudanpur) P.S. Case No. 676 of 2018 subject to the following condition:

(i) that the petitioner will be well represented on each date in the trial and if she fails to do so on two consecutive dates, her bail bonds will be liable to be cancelled.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T