IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.40625 of 2010
Sanjharo Devi, wife of Harendra Singh, resident of Quarter No.
141/1JCO, S.F. Quarter A.S.C. Centre (N), Police Station Magadh
Medical, District Gaya.
-------- Petitioner
Versus
State Of Bihar ---------- Opp. Party
-----------
4 04.8.2011 Heard learned counsel for the
petitioner and counsel for the State as also
counsel for the informant.
The prayer for bail of the
petitioner was earlier rejected by order
dated 7.9.2009 in Cr. Misc. No. 28160 of 2009
giving her liberty to renew her prayer for
bail after one year.
Learned counsel for the petitioner
would submit that the petitioner has remained
in custody for a period over two and half
years and that no progress has been made in
the connected trial.
Learned counsel for the informant,
however, would immediately submit that since
the court had remained vacant, such trial of
the petitioner could not be taken up.
In the considered opinion of this
Court, the nature of allegation against the
petitioner, being only extending supporting
hand to her husband in facilitating in the
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scam of appointment, the petitioner being
lady, would be definitely entitled now for
grant of bail.
It is, however, made clear that this
bail is being granted to the petitioner only
because she is even otherwise protected under
Section 437 of the Code of Criminal
Procedure.
That being so, this Court would
direct for release of the petitioner, namely,
Sanjharo Devi on bail on furnishing bail bond
of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the
satisfaction of Smt. Rumpa Kumari, Judicial
Magistrate, 1st Class, Gaya in connection
with Magadh Medical P.S. Case No. 97 of 2008,
G.R. No. 2643 of 2008 (T.R. No. 398 of 2010),
subject to the following conditions:-
(i) The two bail bonds will be
furnished, one by the Government servant and
the other by a close family relative.
(ii) The petitioner will remain
present in course of trial on each and every
day and her absence even for a single day
would automatically entail the consequences
of cancellation of her bail.
(iii) The petitioner in case is now
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made accused in any other criminal case, that
would itself lead to cancellation of her
bail.
Subject to the aforementioned
conditions, the prayer for bail of the
petitioner is allowed.
(Mihir Kumar Jha, J.)
Rsh