Suman Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37907 of 2025 Arising Out of PS. Case No.-760 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Suman Kumari Wife of Jyoti Kumar @ Sudhir Kumar Resident of Village - Balwa Kuari, P.S.- Sadar Hajipur, District - Vaishali, Bihar. Permanent resident of - Manjahuli, P.S.- Bidupur, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Kumar Tiwari, Advocate For the Opposite Party/s :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-09-2025 Heard Mr. Anand Kumar Tiwari, learned counsel for the petitioner and Mr. Nityanand Tiwary, learned APP for the State.

2. The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 760 of 2023, instituted for the offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. This is the second attempt of the petitioner for bail. The petitioner has renewed her prayer for grant of regular bail which was earlier rejected on merit by this Court vide order dated 22.11.2024 passed in Cr. Misc. No. 54389 of 2024.

4. In compliance of the order dated 23.06.2025, a report dated 27.06.2025 with regard to the present stage of trial has been received. From perusal of the aforesaid report, it

Patna High Court CR. MISC. No.37907 of 2025(4) dt.12-09-2025 2/3 appears that four witnesses have been examined in this case out of eight charge-sheeted witnesses. It is further reported that charge has been framed against the petitioner on 04.04.2025 and the trial is likely to be concluded within a period of one year.

5. Learned counsel for the petitioner submits that the petitioner is languishing in judicial custody since 21.12.2023 without any rhymes or reason and has got no criminal antecedent. It is also submitted that the petitioner is a lady, when the petitioner was detained, at that time she was around 7 months pregnant and while in custody she had given birth to a child on 21.02.2024.

6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is also submitted that the petitioner has given birth to a child on 21.02.2024 as per the report obtained from the Jail Superintendent, Vaishali pursuant to the order dated 08.08.2025 of this Court.

7. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner as also the report regarding stage of case, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

Patna High Court CR. MISC. No.37907 of 2025(4) dt.12-09-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hajipur Sadar P.S. Case No. 760 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T