Pinki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39377 of 2016 Arising Out of PS.Case No. -259 Year- 2014 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Pinki Devi Wife of Banarsi Singh Resident of Village Kudasan, P. S.- Bhabhua, District Kaimur( Bhabua) Bihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar Singh For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State and learned counsel for the informant.

The trial court has reported that the argument was going on in session trial no. 19 of 2015/ 13 of 2015 but in the meantime, the informant filed a transfer petition before the Sessions Judge, as a result whereof the argument could not be concluded. However, the learned Sessions Judge rejected the transfer petition. Thereafter, the daughter of deceased again filed a transfer petition before the trial court itself and due to aforesaid reason, the argument could not proceed.

Learned counsel appearing for the informant informs that the case has already been transferred to another court and there is every likelihood of conclusion of trial of the petitioner in a

Patna High Court Cr.Misc. No.39377 of 2016 (5) dt.07-12-2016 2/2 very short span of time.

Although the evidence of prosecution witnesses has already been recorded but there is nothing on the record to show that the release of the petitioner shall hamper her trial. The coaccused Dau Singh @ Daujee Singh and Shushila Devi, having more or less similar allegation, have already been granted privilege of bail by this Court and, therefore, considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Bhabhua in connection with Session trial no. 19/2015/13/2015, arising out of Bhabhua P.S.Case No.

259 of 2014, subject to the condition that petitioner shall attend the trial court on each and every date for the period of three months or till conclusion of her trial, whichever is earlier and if she fails to do so on two consecutive dates without any reasonable cause, the trial court would be at liberty to cancel the bail bond of the petitioner. (Hemant Kumar Srivastava, J) N.