IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21373 of 2009 PREMI DEVI @ PREMA DEVI,WIFE OF GOKHUL SHARMA, RESIDENT OF VILLAGE BARBAT PASRAIN KHATSHAL, P.S. MUFASSIL, DISTRICT WEST CHAMPARAN Versus STATE OF BIHAR ----------- 2. 07.07.2009 Heard learned Senior Counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The case is under Sections 147, 148, 323, 325, 307, 302, 379 and 504 of the Indian Penal Code. Petitioner is a lady. As per the first information report, the petitioner along with two other ladies had assaulted with bamboo Mungari on one Khedu Sharma, cousin of the informant. There is no allegation of assault by the petitioner on the deceased. Learned counsel for the informant submits that the order of commitment passed in the case is not in accordance with law and, therefore, this Court should direct the court below to pass a fresh order of commitment. It is stated that the petitioner has been arrested and produced before a wrong court where the petitioner applied for bail and the court below considered the bail application without record. He also submits that - 2 - the learned Additional Sessions Judge had no power to entertain bail application of the petitioner as the case of the petitioner has not been committed to the Court of Session for facing trial. He also submits that the case is of 2001 and the petitioner was evading her arrest and has only been arrested recently in the case. He submits that the petitioner knew that her father was facing the trial and, therefore, she should have surrendered in the case on her own much earlier. This Court is of the view that the submissions made by the learned counsel for the informant are not at all relevant for the purpose of considering the application of the petitioner under Sections 439 and 440 of the Code of Criminal Procedure, 1973. For considering the application for bail, merits of the case and the allegation against the petitioner have to be taken into account. Considering the merits of the case and allegations made against the petitioner in the F.I.R. and also considering the fact that the petitioner is a lady, this Court is of the view that the application should be allowed. Accordingly, the application is allowed. - 3 - Petitioner (Premi Devi @ Prema Devi) is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, (Fast Track Court No. 5th), Bettiah, West Champaran in Sessions Trial No.468 of 2004 arising out of Nautan P.S. Case No.210 of 2001. B.T (J.N. Singh, J.)