Pawani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5029 of 2021 Arising Out of PS. Case No.-74 Year-2020 Thana- ABADPUR District- Katihar ====================================================== Pawani Aged About 50 Years Wife Of Mumtaj Resident Of VillageDharampur, P.S.-Abadpur, District-Katihar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Md. Helal Ahmad, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-03-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 302/147 and other ancillary sections of the Indian Penal Code. As per the prosecution case, all the FIR named accused persons including the petitioner entered into the house of the informant and assaulted the husband of the informant by fists, slaps and bricks. It is further alleged that co-accused Kamir

Patna High Court CR. MISC. No.5029 of 2021(2) dt.26-03-2021 2/3 pressed the neck of the victim as a result of which he died. Learned counsel for the petitioner submits that the petitioner is lady and There is general and omnibus allegation against the petitioner and specific allegatin of pressing the neck of the victim is against co-accused Kamir. petitioner is in custody since 2.7.2020.

Considering the facts and circumstances of the case and the fact that the petitioner is a lady and there is general and omnibus allegation of assault against the petitioner, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Katihar in Abadpur Police Station Case No. 74 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.5029 of 2021(2) dt.26-03-2021 3/3 for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U