Girja Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33057 of 2022 Arising Out of PS. Case No.-59 Year-2022 Thana- JADIA District- Supaul ====================================================== Girja Devi Wife Of Harishankar Mehta Resident Of Village- Tamkulha, Ward No.16, Police Station- Jadia, District- Supaul. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Naresh Kumar Mehta, Advocate For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The case is registered under Section 302/34 of the Indian Penal Code, in connection with Jadia P.S. Case No.-59 of 2022.

As per the FIR, the informant's husband was picking up cow-dung from his house and it is alleged that the accused Vivek Kumar Mehta started throwing the cow-dung back at the door of the informant. Thereafter, upon protest, it is alleged that Vivek Kumar gave spade blow on the head of the victim who

Patna High Court CR. MISC. No.33057 of 2022(2) dt.08-09-2022 2/3 sustained injury and subsequently, succumbed to the said injuries.

Considering the fact that there is specific allegation against Vivek Kumar and the petitioner is a lady, is in custody since 4.3.2022 (as stated in para-8 of the bail application) and has no criminal antecedent, this Court is inclined to grant her the privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Supaul, in connection with Jadia P.S. Case No.-59 of 2022 subject to the following conditions: (i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail her cancellation of bail by the Trial Court itself;

(iii) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of her

Patna High Court CR. MISC. No.33057 of 2022(2) dt.08-09-2022 3/3 bail bonds.

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/Ajay Singh U T