Patna High CourtCR. MISC./29359/2014bail granted

Bimla Devi v. The State Of Bihar

2015-07-01Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29359 of 2014 Arising Out of PS.Case No. -5 Year- 2013 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Bimla Devi W/o Rajo Sah @ Rajendra Sah Resident of Village Lakhmohna Pokhar, Police Station Kabaiya O.P. (Lakhisarai), District Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rabi Bhushan For the Opposite Party/s : Mr. Anil Kr.Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06/ 01-07-2015 Heard learned counsels for the petitioner and the State.

The petitioner has renewed her prayer for bail in a case registered for the offences punishable under Sections 341, 324, 326 and 307 of the Indian Penal Code. Subsequently, section 302 of the IPC was also added.

The case was identified on the fard-beyan of the victim where it is alleged that this petitioner being the sisterin-law (Gotni) of the victim-informant poured kerosene oil on the body and lit the fire.

The prayer has been renewed on the ground that the petitioner being lady rotting in jail since 06.01.2013 and 5 P.Ws. have been examined so far, but all have not supported the

Patna High Court Cr.Misc. No.29359 of 2014 (6) dt.01-07-2015 2/2 prosecution case and have been declared hostile and there are 11 charge-sheeted witnesses.

Learned APP submits that the report of the S.P., Lakhisarai also suggests that 5 witnesses have been examined.

Considering the above facts particularly that the petitioner is a lady, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Ad hoc 5th Additional Sessions Judge, Lakhisarai in connection with Sessions Trial No. 810 of 2013 arising out of Lakhisarai Kabaiya P.S. Case No. 05 of 2013.

The learned court below will be at liberty to cancel the bail bonds of the petitioner, if she defaults for two consecutive occasions.

Let the case diary and post-mortem report be sent back to the learned court below forthwith. (Dinesh Kumar Singh, J) DKS/- U T