Leela Devi Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Leela Devi Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the petitioner 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 Additional Sessions Judge-V-cum-Special Judge, POCSO, Saharsa, subject to cooperation in the disposal of the trial and availability as and when required by the court.

Issue for consideration

Whether the petitioner, whose earlier bail application was rejected on 05.01.2024 subject to the trial concluding within one year (with liberty to renew the bail prayer thereafter), is entitled to release on bail now that the stipulated period has elapsed without conclusion of the trial.

Court's answer

Considering the facts and circumstances and the submissions of the petitioner's counsel that the stipulated period had elapsed without conclusion of trial, the court directed that the petitioner be released on bail.

Ratio / Principle

Bail is to be on furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-V-cum-Special Judge, POCSO, Saharsa, subject to the condition that the petitioner shall cooperate in the disposal of the trial and make herself available as and when required by the court.

Detailed headnote1 paragraphs

Bail granted on renewal application: Patna High Court (Nawneet Kumar Pandey, J), by order dated 25-04-2025 in CRIMINAL MISCELLANEOUS No.8160 of 2025 arising out of Simri Bakhtiyarpur P.S. Case No. 291 of 2022 (POCSO Case No. 59/2022), District Saharsa, released the petitioner Leela Devi on bail. Her earlier bail application had been rejected on 05.01.2024 in Cr.Misc.No. 81757 of 2023, with the observation that the learned trial court shall take every endeavour to dispose of the trial within a period of one year, failing which she could renew her prayer for bail. On counsel's submission that the stipulated period had elapsed and the trial had not been concluded till date, the court released her on furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-V-cum-Special Judge, POCSO, Saharsa, subject to the condition that she cooperate in the disposal of the trial and make herself available as and when required by the court.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8160 of 2025

Arising Out of PS. Case No.-291 Year-2022 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa

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

Leela Devi W/o Darogi Sharma R/o Village- Simri Bakhtiyarpur, Sharma Tola, Ward No. 02, P.S.- Simri Bakhtiyarpur, Distt.- Saharsa

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Amarnath Jha For the Opposite Party/s : Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

2 25-04-2025 Heard the learned counsel for the parties.

While rejecting the bail application of the petitioner, vide order dated 05.01.2024 in Cr.Misc.No. 81757 of 2023, it was observed that the learned trial court shall take every endevour to dispose of the trial within a period of one year and if the trial is not concluded within the stipulated period, the petitioner may renew her prayer for bail.

The learned counsel for the petitioner submits that the stipulated period has already elapsed and the trial has not been concluded till date.

Considering the facts and circumstances and in view of the submissions of the learned counsel for the petitioner, let the petitioner, above-named, be released on bail on

Patna High Court CR. MISC. No.8160 of 2025(2) dt.25-04-2025 2/2

furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V-cum-Special Judge, POCSO, Saharsa in connection with Simri Bakhtiyarpur P.S.Case No. 291 of 2022 (POCSO Case No. 59/2022), subject to the condition that the petitioner shall cooperate in the disposal of trial and make herself available as and when required by the court.

(Nawneet Kumar Pandey, J)

HR/-

U T