Saroj Devi @ Sarojni Devi @ Saroj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67285 of 2021 Arising Out of PS. Case No.-736 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== SAROJ DEVI @ SAROJNI DEVI @ SAROJ W/O AJAY YADAV R/o village- Sadanandpur Kathaura, Ward No.- 3, P.S.- Gangaur, Distt.- Khagaria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-06-2022 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 Khagaria (Gangaur) P.S. Case No. 736 of 2020 registered for the offence under Sections 147, 149, 364, 302, 448, 504 and 506 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 13.08.2021.

The allegation against the petitioner is to commit murder of father-in-law of the informant and kidnap the daughter of the informant.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.67285 of 2021(3) dt.30-06-2022 2/3 submitted that specific allegation has not been levelled against the petitioner and the nature of the allegation as regard to assault is very general and omnibus. It has further been submitted that the petitioner is a lady, who is man of clean antecedent. While concluding the argument, it has been submitted that chargesheet has already been submitted in this case, as such, there is chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded the fact that nature of allegation as regard to the assault is very much general and omnibus.

Considering the facts and circumstances as mentioned above, as nature of allegation as regard to assault is very much general and omnibus, petitioner is a lady, who is man of clean antecedent coupled with the fact that charge-sheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Khagaria (Gangaur) P.S. Case No. 736 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, 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

Patna High Court CR. MISC. No.67285 of 2021(3) dt.30-06-2022 3/3 Trial Court till conclusion of the trial and 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 Gautam Kumar, who is the brother of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) S.Katyayan/ R.S.Sen/- U T