Rameshwari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69655 of 2022 Arising Out of PS. Case No.-253 Year-2022 Thana- DARBHANGA District- Darbhanga ====================================================== RAMESHWARI DEVI WIFE OF LATE JAWAHAR RAM R/O MOHALLAJETHIYAHI, P.S.- TOWN, DISTRICT- DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shama Sinha, Adv.

For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 324, 307 and 302/34 of the Indian Penal Code.

According to prosecution case, there is allegation against the petitioner is of abusing the informant. It is also alleged that the co-accused namely Kranti Ram assaulted the informant with a sharp edged weapon with intention to kill him and when the brothers of the informant intervened to save him, the co-accused also assaulted them with a sharp edged knife causing injury to the informant and his brothers. Thereafter the brother of the informant died during course of treatment. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.69655 of 2022(2) dt.28-03-2023 2/3 petitioner has clean antecedent and she is aged about more than 74 years old and has falsely been implicated in the present case. He further submits that it appears from the F.I.R. that there is no specific allegtion of any assault or overt act against the petitioner. The specific allegation is against co-accused namely Kranti Ram. He further submits that the petitioner is family member of Kranti Ram, so, she has falsely been implicated in the present case and the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 11.09.2022.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with G.R. No.2782/2022, arising out of Town P.S. Case No. 253/2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and

Patna High Court CR. MISC. No.69655 of 2022(2) dt.28-03-2023 3/3 on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T