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Patna High CourtCR. MISC./52773/2015bail granted

Rekha Devi And ANR v. The State Of Bihar

2016-03-16Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52773 of 2015 Arising Out of PS.Case No. -204 Year- 2013 Thana -MARHAURA District- SARAN ======================================================

1. Rekha Devi Wife of Bigan Raut.

2. Radhika Devi Wife of Paras Raut.

Both residents of Village - Pakahan, P.S. - Marhura, District - Saran at Chapra.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Durgesh Nandan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-03-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are in jail custody since 13.08.2014 in a case registered for the offences punishable under Section 307 and other minor sections of the Indian Penal Code on the accusation that they threw acid on informant as well as his wife and earlier their prayer for bail was rejected by this court vide order dated 09.01.2015 passed in Cr. Misc. No. 854 of 2015 but even after long detention of the petitioners in jail custody, the prosecution could examine only one prosecution witness.

Although, learned trial court has reported that due to non cooperation of the accused, the cross examination of the

Patna High Court Cr.Misc. No.52773 of 2015 (3) dt.16-03-2016 2/2 prosecution witness could not be completed but the trial court failed to take note of this fact that up till now, only one prosecution witness has been produced by the prosecution. Petitioners are ladies and, therefore, considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-VIII, Saran at Chapra in connection with Sessions Trial No. 148 of 2015 arising out of Marhoura P.S. Case No. 204 of 2013. (Hemant Kumar Srivastava, J) SHAHZAD/- U T