Gujari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21243 of 2021 Arising Out of PS. Case No.-108 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== GUJARI DEVI, Wife of Ravindra Mahto Resident of Village- Khaira, Police Station- Saraiya (Jaitpur O.P.), District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Nandan, Advocate For the Opposite Party/s :
Smt. Asha Devi, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-11-2021 Heard Sri Ravi Nandan, learned counsel appearing on behalf of the petitioner and Smt. Asha Devi, learned A.P.P. appearing for the State.
Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks bail in connection with Saraiya (Jaitpur O.P) P.S. Case No. 108 of 2020, for the offence under Section 366(A)/34 of the Indian Penal Code. The prosecution case, in brief, is that on 15.02.2020, in the night, daughter of the informant, namely, Kajal Kumari, aged about 16 years, went missing from her house. Upon search, she came to know that the accused persons named in the F.I.R., including the petitioner, with bad intention, have kidnapped her daughter.
Learned counsel appearing on behalf of petitioner submits that the present petitioner has no complicity in the
Patna High Court CR. MISC. No.21243 of 2021(2) dt.18-11-2021 2/3 case and she is innocent and she only happens to be the mother of co-accused Manoj Kumar. He further submits that the petitioner is an old lady and she is in custody since 06.10.2020.
Learned A.P.P for the State submits that petitioner is mother of the main accused Manoj Kumar, as such her complicity in the commission of crime cannot be ruled out. Having considered the facts and circumstances of the case and perusal of the F.I.R. prima facie the petitioner has made out a case for grant of bail, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-IV (West) Muzaffarpur in connection with Saraiya (Jaitpur O.P) P.S. Case No. 108 of 2020 subject to the following conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
Patna High Court CR. MISC. No.21243 of 2021(2) dt.18-11-2021 3/3
(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.
(Purnendu Singh, J) manish/- U T