Allowed

Asha Devi v. the State of Bihar

Patna HC6 Sept 2024CR. MISC./49943/2024

Case brief

AI extract

What is this about?

The High Court of Patna allowed the petitioner's bail application. The court granted bail subject to satisfaction by the trial court regarding non-absconding in pending cases, furnishing bail bonds with sureties, and compliance with specific conditions including monthly police attendance and witness protection.

What did the court decide?

Bail granted subject to furnishing Rs. 30,000 bonds with sureties, satisfaction by trial court regarding non-absconding in other cases, and compliance with conditions of monthly police attendance and

Asha Devi Vs the State of Bihar — Bail and Remand | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49943 of 2024

¶2

Arising Out of PS. Case No.-194 Year-2021 Thana- TAJPUR District- Samastipur

¶3

======================================================

¶4

ASHA DEVI W/O SURESH SINGH R/O SAHDULLAPUR WARD NO. 6, CHANDAN PATTI, P.S- SAKARA, DISTT.- MUZAFFARPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

¶9

====================================================== Appearance :

¶10

For the Petitioner/s : Mr.Amar Kumar Singh, Adv. For the Opposite Party/s : Mr.Kumar Veerendra Narayan, APP

¶11

======================================================

¶12

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

¶13

3 06-09-2024

¶14

Heard learned counsel for the petitioner and learned

¶15

A.P.P. for the State.

¶16

The petitioner seeks regular bail in connection with S.Tr. No.392 of 2023, arising out of Tajpur P.S. Case No. 194 of 2021 lodged under Sections 395, 412 and 120B of the I.P.C.

¶17

Learned counsel for the petitioner submits that the

¶18

bail application of the petitioner has earlier been rejected vide order dated 19.04.2024 passed in Cr. Misc. No.31097 of 2023 in which liberty was granted to her to renew her prayer for bail three months after framing of charge.

¶19

Learned counsel for the petitioner further submits that the charge has already been framed in this case on 05.10.2023 and three months have been lapsed.

¶20

Counsel for the petitioner submits that nothing has

¶21

Patna High Court CR. MISC. No.49943 of 2024(3) dt.06-09-2024 2/3

¶22

been recovered from the petitioner’s possession. He further submits that the petitioner’s antecedent is not clean. There are two criminal cases pending against her in which she is on bail in both cases.

¶23

Learned counsel for the State opposes the prayer

¶24

for bail.

¶25

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on being satisfied by the trial court that the petitioner is not absconding in any cases i.e., (i) Hajipur Town P.S. Case No.458 of 2021 (ii) Samastipur Muffasil P.S. Case No.191 of 2021 which are pending against her, on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand Only) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Samastipur in connection with S.Tr. No.392 of 2023, arising out of Tajpur P.S. Case No. 194 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

¶26

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show her bona fide;

¶27

Patna High Court CR. MISC. No.49943 of 2024(3) dt.06-09-2024 3/3

¶28

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bonds by the Trial Court itself;

¶29

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance;

¶30

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and

¶31

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

¶32

With this observation, the bail application stands allowed.

¶33

(Dr. Anshuman, J.)

¶34

Prakashmani/-

¶35

U T

Asha Devi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Asha Devi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Upendra Kumar Vs The State of Bihar

Vikram Kumar Vs The State of Bihar

Bishwanath Singh Vs The State of Bihar

Mohan Chaudhary @ Mohan Kumar Vs The State of Bihar

Aman Kumar Vs The State Of Bihar

Rahul Singh @ Rahul Kumar Singh Vs The State of Bihar