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Patna High CourtCR. MISC./6036/2019bail granted

Kamali Devi @ Kamali v. The State Of Bihar

2019-03-29Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6036 of 2019 Arising Out of PS. Case No.-109 Year-2018 Thana- SACHIVALAYA District- Patna ====================================================== KAMALI DEVI @ KAMALI, wife of Chand Gobin Bin, Resident of VillageCharghat, P.S-Bihia District-Bhojpur (Ara) ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Shanker Pankaj For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-03-2019 Petitioner seeks bail in anticipation of her arrest in connection with Sachiwalya P.S. Case No. 109 of 2018, registered for the offences punishable under Sections 394 and later on Section 302 IPC was added and Section 27 of the Arms Act.

Allegation as per FIR is of commission of robbery in the house of the informant and it further appears that later on during investigation the ornaments were recovered from one Baikunth Prasad, the Goldsmith, who has disclosed the name of the petitioner as the person who has brought the ornaments to his shop.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case at the instance of Baikunth Prasad, co-accused and except that there is nothing

Patna High Court CR. MISC. No.6036 of 2019(3) dt.29-03-2019 2/2 against her and she has dispute with said Baikunth Prasad from before.

Heard learned APP also.

Having heard both sides and in the facts and circumstances and also considering the fact that petitioner is a lady, let petitioner, above named, in the event of arrest or surrender within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-II, Patna, in connection with Sachiwalya P.S. Case No. 109 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T