Neelam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27449 of 2020 Arising Out of PS. Case No.-14 Year-2020 Thana- KAJRA District- Lakhisarai ====================================================== Neelam Devi, wife of Sanju Manjhi, Resident of village - Shrighna Barki Mushahri, Police Station - Kajra, District - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Irshad, Advocate For the Opposite Party/s :

Mr.Md Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-10-2020 Since as of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through video conferencing. The learned counsels are appearing and making submissions from their residence.The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology.

Mr.Md Fahimuddin, learned APP is appearing for the State as it is submitted that the brief has been allotted to him by the office of Advocate General.

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

The petitioner seeks bail in connection with Kajra

Patna High Court CR. MISC. No.27449 of 2020(2) dt.21-10-2020 2/3 P.S. Case No.14 of 2020 registered for the offence punishable under Sections 302 and 201/34 of the Indian Penal Code.

The prosecution case is that the informant's father, who was a Hand Pump Mechanic, had gone to village-Shivdih for work and on his way back while he was at the petitioner's house, he has been done to death by the petitioner, her brother and 2-3 unknown persons. Petitioner's counsel submits that from a narration of the prosecution case in the F.I.R., it is evident that the informant is not an eye-witness. Merely on suspicion, the petitioner has been implicated. She has no criminal antecedents and is in custody since 16.02.2020. Petitioner's counsel further submits that the petitioner has one and a half years old baby.

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

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.27449 of 2020(2) dt.21-10-2020 3/3 satisfaction of the learned Judicial Magistrate, 1st Class, Lakhisarai, in connection with Kajra P.S. Case No.14 of 2020, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T