Smt. Dev Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6700 of 2018 Arising Out of PS. Case No.-270 Year-2017 Thana- KOTWALI District- Patna ====================================================== Smt. Dev Kumari W/o Ram Kumar Chaudhary, R/o Village/MohallaLaxminia, P.S.- Hathauri, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kr. Thakur & Ms. Babita Kumari Advocates For the Opposite Party/s :

Mr. Sri Mukeshwar Dayal APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-04-2018 Heard learned counsel for the petitioner and the State. Prayer for bail of the petitioner was earlier rejected by this Court vide order dated 11.10.17 passed in Cr. Misc No. 40515 of 2017.

Learned counsel for the petitioner has submitted that petitioner was the principal of the alleged school from which it is stated that boy Ganesh Kumar has passed intermediate examination. This Court has by earlier order rejected the bail of the petitioner by giving detail order. Therefore, facts of the case is not required to be mentioned in the instant bail petition. A report was called for from the Court below which has been received. From the report, it appears that the case is pending for examination of prosecution witnesses after framing

Patna High Court Cr.Misc. No.6700 of 2018(5) dt.11-04-2018 2/3 of the charge.

Learned counsel for the petitioner has submitted that Ganesh Kumar who has appeared and passed the intermediate examination has already been granted regular bail by a coordinate Bench of this court vide order dated 19.12.2017 passed in Cr. Misc. no. 61602 of 2017. It is further submitted that other accused persons have also been granted regular bail by a Coordinate Bench of this Court. The petitioner is in custody since 05.06.17 Therefore, keeping in view the period spent by the petitioner in custody and also the fact that trial has just commenced and not a single witness has been examined as per the report of the Court below, prayer for bail of the petitioner is allowed.

Let the petitioner, named above, 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 learned CJM, Patna in connection with Kotwali P.S. case no. 270 of 2017, subject to the condition that both the bailers will be the close relatives of the petitioner.

The petitioner in any manner will not try to hamper the trial by intimidating or influencing the witnesses and will

Patna High Court Cr.Misc. No.6700 of 2018(5) dt.11-04-2018 3/3 remain present on each and every date of trial. Any two subsequent defaults will result in cancellation of bail bonds in the Court below.

(Sanjay Priya, J) shyambihari/- U T