Neha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33137 of 2016 In Criminal Miscellaneous No.11671 of 2016 ====================================================== Neha Kumari, Daughter of Late Suresh Sah, Resident of Village- Usari, P.S. Baikunthpur, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mritunjay Prasad Singh, Adv. For the Opposite Party/s : Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 10-08-2016 Heard the parties.

The present application has been filed by one Neha Kumari, the petitioner no.6 of Cr.Misc.No.11671 of 2016, for modification of the order dated 16.03.2016 passed in the aforesaid Cr.Misc.No.11671 of 2016, whereby altogether eight accused persons including the present petitioner were granted anticipatory bail in connection with Baikunthpur P.S. Case No.148 of 2015 subject to the conditions indicated in that order. The learned counsel appearing on behalf of the petitioner submits that the other petitioners of that case have already surrendered and have been released on bail in terms of the order passed by this Court. However, so far the present petitioner is concerned, her parents are dead and she is still unmarried; therefore, she could not fulfill the condition no.A of the aforesaid order dated 16.03.2016.

After having heard the parties and taking into consideration the averments made in the present application, the

Patna High Court Cr.Misc. No.33137 of 2016 (2) dt.10-08-2016 prayer for modification made by the petitioner is allowed. The condition no.A in the order dated 16.03.2016 passed in Cr.Misc.No.11671 of 2016 is modified only to the extent that one of the bailors of the petitioner shall be close relation of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner. Now, the petitioner must surrender in the court below within a period of three weeks from today, whereafter she shall be released on bail in terms of the aforesaid order dated 16.03.2016 passed in the aforesaid Cr.Misc.No.11671 of 2016.

The present application stands finally disposed of with the modification in the order dated 16.03.2016 passed in Cr.Misc.No.11671 of 2016 to the extent indicated above, as also with the observations and directions made above. (Birendra Prasad Verma, J) Arvind/- U T