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Patna High CourtCR. MISC./9426/2021allowed

Pano Devi v. The State Of Bihar

2021-07-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9426 of 2021 Arising Out of PS. Case No.-51 Year-2019 Thana- LADANIA District- Madhubani ====================================================== Pano Devi Wife Of Late Lakshaman Rout, R/O Village- Godam Tole, P.S.- Ladaniya, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad, Adv.

For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 328, 34 of the I.P.C. Allegation against the petitioner is that she along with other accused persons assaulted the son of the informant. Thereafter, informant taken his son to hospital for treatment where son of the informant died at D.M.C.H.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no eyewitness to the actual

Patna High Court CR. MISC. No.9426 of 2021(2) dt.12-07-2021 2/2 occurrence and only on suspicion, she has been made accused in this case. He submits that investigation of the case is already complete against the petitioner. He submits that similarly situated co-accused has been granted bail by a Bench of this Court in Cr. Misc. No. 44661 of 2019 on 27.09.2019 He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 19.03.2019.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below/successor court where the case is pending in connection with Ladaniya P.S. Case No. 51 of 2019, S.T. No. 355 of 2019, subject to the conditions:

(I) The petitioner shall fully cooperate with the Investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (II) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

devendra/- (Anjani Kumar Sharan, J) U T