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Patna High CourtCR. MISC./68033/2023allowed

Reeta Devi @ Kusuma Devi v. The State Of Bihar

2023-10-13Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68033 of 2023 Arising Out of PS. Case No.-757 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

Reeta Devi @ Kusuma Devi Wife of Deepnarain Paswan @ Ganesh Paswan Resident of Village - Chhoti Yusufpur, P.S. - Hajipur Industrial Area, District - Vaishali 2.

Sanju Kumari @ Sujata Kumari @ Sunita Kumari Wife of Jeetu Das Resident of Mohalla - Dudhnoi Cronic School Nearby P.S. - Gwalpara, District - Dudhnoi (asam) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 13-10-2023 Heard Ld. counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Sessions Trial No. 429 of 2023 arising out of Hajipur Sadar P.S. Case No. 757 of 2021, registered for the offences punishable under Sections 365, 366/34 of the Indian Penal Code.

3. Ld. counsel for the petitioners submits that the petitioners had moved this Court earlier for regular bail vide Cr. Misc. No. 2907 of 2022, which was rejected with an observation that if the trial is not concluded within a period of nine months, the petitioners will be at liberty to renew their prayer for bail. He further submits that since the trial has not been concluded in

Patna High Court CR. MISC. No.68033 of 2023(2) dt.13-10-2023 2/3 the stipulated time, the petitioners, vide present application, have renewed their prayer for bail.

4. However, Ld. APP for the State opposes the prayer of the Petitioners for bail.

5. Considering the aforesaid facts and circumstances, particularly the fact that the trial has not yet been concluded, this application is allowed, directing the petitioners, above named, to be enlarged on bail on their furnishing bail bond in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Additional Sessions Judge- Ist Vaishali, at Hajipur in connection with Sessions Trial No. 429 of 2023 arising out of Hajipur Sadar P.S. Case No. 757 of 2021, on the following conditions: (i) The petitioners will make themselves available for interrogation by a police officer/court as and when required. (ii) The petitioners will undertake that investigation/trial will not hamper on account of their absence or non-cooperation. They must be available to the police or the court whenever their presence is required.

(iii) The petitioners shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing

Patna High Court CR. MISC. No.68033 of 2023(2) dt.13-10-2023 3/3 such facts to the court or to any police officer. (iv) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedent, Ld. court below shall cancel the bail bond of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedent despite their knowledge of the same. (v) In case, it is brought to the notice of the court below that statement regarding the previous bail petition is wrong, Ld. Court below shall cancel the bail bond of the petitioners.

6. Ld. Counsel for the petitioners is directed to remove all the defects pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections. (Jitendra Kumar, J) chandan/- U T