Shyam Sundari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35780 of 2015 Arising Out of PS.Case No. -529 Year- 2013 Thana -KANKARBAGH District- PATNA ====================================================== Shyam Sundari Devi wife of Late Lal Bihari Singh, resident of Kankarbagh, Malahi Pakari, Near Samudaik Bhawan, P.S.- Kankarbagh, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. (Dr.) Amrendra Kumar For the Informant : Mr. Sanjeet Deokuliar For the State : Mr. Binod Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-08-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as well learned counsel for the informant.

The petitioner apprehends her arrest in connection with a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. On the last occasion the matter was adjourned so as to enable learned counsel for the petitioner to annex documents showing the state of health of the petitioner. It is submitted that earlier bail petition of the petitioner was rejected after consideration of all materials available on record. Learned counsel for the petitioner submits that the petitioner is a lady and has been lodged in Beur Jail for over a year. He further submits that the state of health of the petitioner is such that she is required to be attended upon as she is suffering from heart

Patna High Court Cr.Misc. No.35780 of 2015 (2) dt.19-08-2015 P2/2 ailment. In support of the said contention, the petitioner has filed documents obtained under the Right to Information Act, 2005 which goes to show that the petitioner has, in fact, been referred on several occasions, first to the Patna Medical College and Hospital, Patna and, thereafter, to the Indira Gandhi Institute of Cardiology, Patna and has been examined thereat for treatments referred to in the said document.

Considering the fact that the petitioner is having health issues and has already been in custody since 16 months, let the petitioner Shyam Sunderi Devi, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned 6th Additional Sessions Judge, Patna in connection with Sessions Trial No. 965 of 2014.

It is made clear that the petitioner shall co-operate in the trial which is ensuing so that the same is not delayed on her count and that she should present herself on each date so that enable it to reach to its conclusion and in case of her absence on two consecutive dates, it will be open to the informant to move before the trial Court for appropriate directions regarding her absence. (Anjana Mishra, J) Saif/- U T