Meena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6112 of 2022 Arising Out of PS. Case No.-276 Year-2017 Thana- RAJPUR District- Buxar ====================================================== Meena Devi, Wife of Ramdev Pal, Resident of Village - Khiri, Police Station - Rajpur, District - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Tapeshwar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 07-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

In the present case, the petitioner seeks bail in connection with Rajpur P.S. Case No. 276 of 2017 registered for the alleged offences under Sections 363, 365, 302, 201 and 377 of the Indian Penal Code and Section 4 of the POCSO Act. As per prosecution case, the minor son and the nephew of the informant went missing and a case was registered against unknown. The name of the petitioner transpired as one of the accused persons in the depositions of the witnesses while trial was being conducted and allegation against her is that she gave a latter to the mother of one of the children and a ransom demand was made in the said letter.

The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.6112 of 2022(3) dt.07-12-2022 2/3 petitioner is innocent and has been falsely implicated in this case. During trial three witnesses who were examined did not say anything against this petitioner and the petitioner has no connection with the said occurrence. The petitioner is a covillager of the informant. She did not know about the kidnapping and demand of ransom and in good faith she has given letter to the informant. Even during trial, the witnesses have improved their versions with respect to the petitioner in order to punish the petitioner without any fault. Other coaccused, namely Jay Prakash Lal and Hira Lal Pal have been granted bail by this Court vide order dated 02.11.2022 passed in Cr. Misc. No. 3133 of 2022. The petitioner is in custody since 04.12.2021 and the charge-sheet has been submitted in this case. The petitioner is having clean antecedent.

Learned APP opposes the prayer for bail submitting that the witnesses have named the petitioner for her involvement in the occurrence as alleged.

Perused the records.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioner is a lady and also considering her period of custody along with submission of charge-sheet, the petitioner

Patna High Court CR. MISC. No.6112 of 2022(3) dt.07-12-2022 3/3 above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-VI-cum- Special Judge, POCSO Act, Buxar in connection with Rajpur P.S. Case No. 276 of 2017, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T