Patna High CourtCR. MISC./12087/2015bail granted

Meena Devi @ Chawan Prash v. The State Of Bihar

2015-03-25Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12087 of 2015 Arising Out of PS.Case No. -93 Year- 2013 Thana -DIGHALBANK District- KISANGANJ ======================================================

1. Meena Devi @ Chawan Prash W/o Laxman Yadav resident of VillageMohamari khashi Tola, P.S. -Dighalbank, Dist- Kishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amal Kumar Sinha For the Opposite Party/s : Mr. Narendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 25-03-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Sessions Trial No. 1190/2014 arising out of Dighalbank P.S. Case No. 93/2013, registered under sections 363, 366(A) read with section 34 of the Indian Penal Code.

The prayer for bail was earlier rejected on 5th December, 2014 in Criminal Miscellaneous No. 43444 of 2014 with the following observation:- "Having regard to the nature of

Patna High Court Cr.Misc. No.12087 of 2015 (2) dt.25-03-2015 2 / 2 allegation and the statement of the victim recorded under section 164 of the Code of Criminal Procedure, I am not inclined to grant bail to the petitioner for the present.

Accordingly, her prayer for bail is rejected. However, she may renew her prayer for bail after framing of charges".

It has been contended that though the occurrence is alleged to have taken place on 22nd July, 2013, but the F.I.R. was lodged after three days on 25th July, 2013. The petitioner, being a lady, is in custody since 28th June, 2014, and charges have already been framed by the court below on 12th February, 2015.

The learned counsel for the State has opposed the prayer for bail. Regard being had to the observation made by this Court in the earlier order dated 5-12-2014, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, Kishanganj, in connection with Sessions Trial No. 1190 of 2014 arising out of Dighalbank P.S. Case No. 93 of 2013. (Ashwani Kumar Singh, J) B.Roy/- U