High Court Patna High Court - Orders

Indu Devi vs State Of Bihar on 16 August, 2010

Patna High Court – Orders
Indu Devi vs State Of Bihar on 16 August, 2010
             IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Cr.Misc. No.22084 of 2010
Indu Devi, Wife of Kanhaya Prasad, Resident of Amnaur, Dharampur
Jafar, Police Station Amnaur, District Saran.
                                               -------- Petitioner
                               Versus
State of Bihar                                  ------ Opp. Party
                            -----------

2 16.08.2010 Heard learned counsel for the

petitioner and counsel for the State.

The prayer for bail of the

petitioner was earlier rejected by an order

dated 3.12.2009 in Cr. Misc. No. 28155 of

2009 by giving her liberty to renew her

prayer for bail after completing one year of

her judicial custody before the court below

itself.

From the order of the court below

dated 18.6.2010, it would transpire that

despite the fact that the charges were framed

on 18.2.2010, the prosecution has examined

only witnesses in the next four months.

That being so, this Court, keeping

with the earlier observation, would direct

for release of the petitioner, namely, Indu

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

Additional District & Sessions Judge-9, Saran
2

at Chapra in connection with Amnaur Police

station Case No. 103 of 2007 (S.Tr. No. 30 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

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.

Rsh                                    (Mihir Kumar Jha, J.)