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Papiya Devi vs State on 20 January, 2020

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 771/2020

Papiya Devi W/o Hansraj, Aged About 53 Years, By Caste Bhat,
R/o Chak 1 Dol, Chhatargarh, Distt. Bikaner. (At Present Lodged
In Jail Bikaner).

—-Petitioner
Versus
State, Through P.p.

—-Respondent

For Petitioner(s) : Mr. D.S. Gharsana
For Respondent(s) : Mr. Shrawan Bishnoi, PP
Mr. Shyam S. Khatri, for the
complainant

HON’BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

20/01/2020
The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner who is in custody in connection

with F.I.R. No.109/2019, Police Station Chhatargarh, District

Bikaner for the offences under Sections 498A, 304B, 302 IPC.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

It is submitted by learned counsel for the petitioner that the

principal accused Vishnu @ Vishnuram who is the husband of the

deceased has been enlarged on bail by this Court vide order dated

27.11.2019. The petitioner who is the mother in law of the

deceased is living separately and 53 years of age. She is suffering

incarceration for last more than 15 days. The conclusion of trial

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(2 of 2) [CRLMB-771/2020]

will take sufficiently long time, therefore, it is prayed that the

petitioner may be enlarged on bail.

The learned Public Prosecutor as well as learned counsel for

the complainant vehemently oppose the bail.

Having regard to the facts and circumstances of the case and

upon a consideration of the arguments advanced, this Court is of

the opinion that the bail application filed by the petitioner

deserves to be accepted.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioner Papiya Devi W/o Hansraj arrested

in connection with F.I.R. No.109/2019, P.S. Chhatargarh, District

Bikaner shall be released on bail; provided she furnishes a

personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with

two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only)

each to the satisfaction of the learned trial court with the

stipulation to appear before that Court on all dates of hearing and

as and when called upon to do so.

(VINIT KUMAR MATHUR),J

78-praveen/-

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