Siya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64650 of 2021 Arising Out of PS. Case No.-69 Year-2021 Thana- ANDHRAMATH District- Madhubani ====================================================== Siya Devi wife of Devendra Yadav @ Devender Prasad Yadav R/O VillageRauahi, P.S.- Andhramath, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hriday Narayan Harshit, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Andhramath P.S. Case No. 69 of 2021 registered for the offence under Sections 302 and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 27.06.2021.

The allegation against the petitioner is to commit murder of the husband of informant along with other co-accused persons, which is founder over previous land dispute. Learned counsel appearing on behalf of the petitioner submitted that informant is not the eye witness of he occurrence

Patna High Court CR. MISC. No.64650 of 2021(4) dt.29-06-2022 2/3 and the nature of allegation, as regard to assault, is very much general and omnibus. It has further been submitted that petitioner is a lady and has been falsely implicated in this case due to previous land dispute.

Learned APP appearing on behalf of the State while opposing the prayer of bail fairly conceded that the nature of allegation is very much general and omnibus.

Considering the facts and circumstances as mentioned above, as the nature of allegation, as regard to assault, is very much general and omnibus where the informant is not the eye witness of the occurrence coupled with the fact that petitioner is a lady, let the petitioner, above named, is directed to be released on bail in connection with Andhramath P.S. Case No. 69 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- 1st, Jhanjharpur, District- Madhubani, subject to the following conditions:

"(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and

Patna High Court CR. MISC. No.64650 of 2021(4) dt.29-06-2022 3/3 exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(ii) That one of the bailors shall be Surender Kumar Yadav, who is the brother of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) Ankit/- Shashank/- U T