Patna High CourtCR. MISC./53851/2019allowed

Manju Devi v. The State Of Bihar

2019-09-23Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53851 of 2019 Arising Out of PS. Case No.-88 Year-2018 Thana- KUMAR KHAND District- Madhepura ====================================================== Manju Devi, Wife of Babloo Ram @ Bavlu Ram, Resident of Village - Matkuriya, P.S. - Triveniganj, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 23-09-2019 Heard the parties.

2. The petitioner is a female. She was allowed anticipatory bail by the learned Sessions Judge, Madhepura in A.B.P. No. 937 of 2018 on 26.10.2018 in connection with Kumarkhand P.S. Case No. 88 of 2018, a case under Section 366A of the Indian Penal Code. The direction was given to the petitioner to furnish bail bond within 15 days of the order. However, the petitioner could not furnish the bail bond within time and prayer for extension of time to furnish bail bond has been refused by the impugned order dated 31.01.2019. The prayer has been refused on the ground that there is no reasonable explanation for nonfurnishing of bail bond within the time granted.

3. In para 13 of this application, the petitioner has stated on oath that she had no money to furnish bail bond. Hence, after

Patna High Court CR. MISC. No.53851 of 2019 dt.23-09-2019 2/2 doing work of labour, she earned money and thereafter she appeared for filing of the bail bond.

4. I do not think that the aforesaid is not a reasonable explanation for non-furnishing of bail bond within time. Hence, the impugned order is hereby quashed to secure the ends of justice and petitioner is directed to file bail bond within six weeks from today.

(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 24.09.2019 Transmission Date 24.09.2019