Priti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28185 of 2023 Arising Out of PS. Case No.-5 Year-2022 Thana- DHARHARA District- Munger ====================================================== PRITI DEVI Wife of Kundan Kumar Yadav Resident of village - Bari Ballia, P.S. - Ballia, Distt. - Begusarai, Although made accused in the case as Priti Devi D/o Vijay Kumar Yadav, R/o vill- Sundarpur Dih, Bhalar, P.S. - Dharhara, Distt. - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 03-05-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Dharhara P.S. Case No. 05. of 2022, dated 10.01.2022 registered for the offences punishable under Sections 302, 323, 379 and 34 of the Indian Penal Code.

3. The main submissions advanced by petitioner's counsel are that the petitioner who is a young lady, earlier preferred Cr. Misc. No.35588 of 2022, for the relief of regular bail which was rejected by this Court with a liberty to renew her bail prayer after one month if her trial is not concluded within the said period and that order was passed on 13.03.2023 and after the rejection of earlier prayer of the petitioner, no progress in the trial of the petitioner has been made and petitioner's trial

Patna High Court CR. MISC. No.28185 of 2023(2) dt.03-05-2023 2/2 is still running and three prosecution witnesses are yet to be examined and the cross-examination of investigating officer is going on and property dispute is stated to be the genesis of the alleged occurrence and medical evidence does not corroborate the allegation concerned to the petitioner.

4. Learned APP appearing for the State has opposed the prayer for bail.

5. Considering the above submissions and mainly the facts that the petitioner is a young lady and her trial is still running and she has been languishing in jail since 11.01.2022 and in view of the submissions made above, prosecution is slow in producing and examining the prosecution witnesses in the trial of the petitioner, so this second attempt made by the petitioner for the relief of bail is hereby accepted. Accordingly, petitioner's prayer stands allowed and the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Dharhara P.S. Case No. 05. of 2022.

(Shailendra Singh, J.) maynaz/- U T