Sanju Devi And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.9407 of 2017 (2) dt.08-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9407 of 2017 Arising Out of PS.Case No. -123 Year- 2015 Thana -BAUNSI District- BANKA ======================================================

1. Sanju Devi Wife of Arbind Marik,

2. Arbind Marik @ Arbind Yadav Son of Jageshwar Yadav, Both resident of Village- Sarha More, Police Station-Bounsi, DistricBanka. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Balram Kapri For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-03-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners want to renew their prayer of bail, which was earlier rejected vide order dated 10.05.2016 passed in Cr. Misc. No. 13225 of 2016, on the ground that the petitioners are suffering in custody since 07.01.2016 and within the time given the trial has not been concluded, up-till-now no prosecution witness has been examined and as such in near future the trial is not likely to be concluded. The statement of Chhoti Kumari recorded in Hospital is not signed either by the doctor or by any staff of the Hospital and it creates doubt, in post mortem report 80 percent burn injuries have been found and as such she was not in a position to give her fardbeyan and everything has been manipulated.

Patna High Court Cr.Misc. No.9407 of 2017 (2) dt.08-03-2017 Learned APP fairly submits that the petitioners are mother-in-law and father-in-law and the trial has not been concluded within the time given.

In the facts and circumstances stated above, the petitioners above named are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Bounsi P.S. Case No. 123 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T