IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1964 of 2009 1. JAYMANTI DEVI, Wife of Musafir Yadav 2. MUSAFIR YADAV, Son of Late Rohan Yadav, Both resident of village Sohda, P.S. Rajauli, District Nawadah. Petitioners Versus STATE OF BIHAR ----------- For the petitioners : Mr. D.P.Singh, Advocate For the State : Mr Binod Kumar, A.P.P. ------- 3 21.04.2009 The petitioner no. 2 has moved this court for bail after his prayer for bail was rejected by order dated 9.1.2009 by the learned Presiding Judge, Fast Track Court No. III, Nawada, in Sessions Trial no.256/153 of 2008. The reason assigned for rejection of the bail petition was that the charges have been framed against the accused, there was sufficient material against petitioner no. 2 and that earlier his bail petition was rejected by the Presiding Judge, Fast Track Court No. V. Such perfunctory orders from Sessions Court are not expected. They are required to give cogent reasons for granting or refusing the prayer for bail or anticipatory bail. The matter is remitted back to the Presiding Judge, Fast Track Court No. III, Nawada to hear the learned counsels for the petitioner as also the State and give reasoned order in accordance with law stating the reasons as to why bail is being granted or refused. Merely saying that earlier his bail petition was rejected and the charge have been framed against him is neither any reason nor a cogent ground 2 for refusing the bail. Sessions Court should realize the duty and obligation cast on them to give a reasoned order so that the propriety of the reasons assigned can be tested by the superior court. So far as petitioner no. 1 JAYMANTI DEVI is concerned in view of the general and omnibus allegation against her of torturing the daughter – in – law, she (JAYMANTI DEVI) is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Presiding Judge, Fast Track Court No. III, Nawada in connection with Sessions Trial No. 256 of 2008. The learned Presiding Judge after issuing notice to the learned counsels will re-hear the matter of bail of Musafir Yadav on 4th May, 2009. Let the order be faxed to the court below immediately. Spd/- (Abhijit Sinha, J.)