Rajpati Devi @ Vaishali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29831 of 2017 Arising Out of PS.Case No. -296 Year- 2013 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Rajpati Devi @ Vaishali, W/o Sukhadeo Ram, R/o Vill Kailash Nagar, P.S. Bagaha, Dist. West Champaran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sharma For the Informant : Mr. Anand Kishore Choudhary For the Opposite Party/s : Mr. Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Bagaha (Patkhauli) P.S.Case No. 296A of 2013 registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

Allegation against the petitioner as per FIR is that she and one Kunti Devi were last seen with the deceased and thereafter dead body of deceased was found.

Submission of learned counsel for the petitioner is that paragraph-8 of case diary shows that deceased died due to fall from the train and on that ground co-accused Kunti Devi has been granted bail by this Court in Cr.misc.No. 8016 of 2015, vide order

Patna High Court Cr.Misc. No.29831 of 2017 (3) dt.19-07-2017 2/2 dated 30.6.2015 and petitioner is in custody for three months. Heard learned APP and learned counsel for the informant also. They have opposed the prayer for bail stating that the case is of the year 2013 and petitioner surrendered after four years and on that ground her prayer for bail should be rejected. Having heard both sides and considering the aforesaid facts and circumstances, this application is being disposed of with direction to the court below that once charge in this case is framed, the court below will consider the prayer for bail of the petitioner and release her on bail to his own satisfaction. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U