Kavita Kumari @ Kavita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26505 of 2022 In CRIMINAL MISCELLANEOUS No.29718 of 2017 Arising Out of PS. Case No.-53 Year-2017 Thana- KUDHNI District- Muzaffarpur ====================================================== KAVITA KUMARI @ KAVITA DEVI Wife of Mukesh Kumar Sah Daughter of Vinod Sah, R/o village - Chhitrauli, P.S.- Maniyari, District - Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Abhay Kumar For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-07-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned Addl.P.P. for the State through video conferencing. In Cr. Misc. No. 29718 of 2017 vide order dated 07.07.2017, the petitioner was granted anticipatory bail and one of the conditions was that the petitioner shall be present at each and every date fixed by the court below and absence on two consecutive dates without proper reasonable reason will automatically cancel bail bond of the petitioner.

Learned counsel for the petitioner has submitted that as per direction of this Court the petitioner was continuously appearing before the court below. The charges were framed two years ago.

Patna High Court CR. MISC. No.26505 of 2022(2) dt.01-07-2022 2/2 Despite the summons have been issued not a single witness has been examined. The appearance of the petitioner before the trial court on each and every date becomes futile as the witnesses are not appearing.

Learned counsel for the petitioner makes a prayer to relax the above-mentioned condition.

Considering the fact that charges have already been framed and despite issuance of summons not a single witness has been examined till now, the above-mentioned condition is relaxed to the extent that as and when required by the court below, the petitioner shall appear physically.

With these observations, the modification petition is disposed of.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U