Seema Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59828 of 2023 Arising Out of PS. Case No.-340 Year-2022 Thana- BUXAR District- Buxar ====================================================== SEEMA DEVI W/o Shashi Yadav R/o vill - Shanti Nagar, Buxar, P.S. - Buxar Town, Distt. - Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Prasad Singh, Advocate For the Opposite Party/s :
Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-09-2023
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The learned counsel for the petitioner submits that the petitioner had earlier moved this Court seeking regular bail by filing Cr. Misc. No. 54220 of 2022 but the same was rejected by order dated 04.01.2023 with a liberty to the petitioner to renew her prayer for bail after examination of the informant in the trial.
3. Learned counsel for the petitioner submits no doubt the condition which was imposed on the petitioner for renewing her prayer for bail has not been fulfilled but then it is not the fault of the petitioner rather the police had brought the informant under arrest before the learned trial court for his evidence but the informant sought time and was released on
Patna High Court CR. MISC. No.59828 of 2023(2) dt.08-09-2023 2/3 bail. It is next submitted that the informant is aware of the condition imposed by order dated 04.01.2023 in Cr. Misc. No. 54220 of 2022 as such is trying to delay his evidence.
4. The learned counsel for the petitioner submits that the petitioner is a woman and is in custody since 19.07.2022, it is further submitted that no doubt son of the informant is alleged to have been assaulted by the petitioner by bamboo on head on the charges of stealing her mobile but then during the course of investigation it has also come that the son of the informant after the occurrence was seen going towards the railway line as such it is submitted that it cannot be alleged with certainty that it was on account of assault by the petitioner that the son of the informant got killed. It is also submitted that in the event, if petitioner is granted the privilege of bail she will not abscond rather will cooperate in the trial.
5. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the
Patna High Court CR. MISC. No.59828 of 2023(2) dt.08-09-2023 3/3 case is pending/successor court in connection with Buxar Town P.S. Case No. 340 of 2022.
7. However, if the learned trial court comes to a conclusion that the petitioner, after her release, is trying to delay the trial in any manner, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons. (Satyavrat Verma, J) Rishi/- U T