Pushpa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.16195 of 2021 Arising Out of PS. Case No.-209 Year-2019 Thana- TEKARI District- Gaya ====================================================== PUSHPA DEVI W/o Arvind Yadav Resident of Village- Alpa, Post- Ahiyapur, Police Station- Konch, District- Gaya.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Md.Fahimuddin,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-06-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of this Court. Heard learned counsel for the petitioner and Mr. Md. Fahimuddin, learned APP for the State.

The petitioner in the present case is seeking regular bail in connection Tekari P.S. Case No. 209 of 2019 registered for the offences punishable under Sections 363, 365 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the allegation against the petitioner is that of kidnapping the informant's two months old baby.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.16195 of 2021(2) dt.25-06-2021 2/3 present case. It is submitted that the victim boy has already been recovered. The petitioner is in jail since 27.06.2019 having no criminal antecedent.

Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case, the admitted position that the victim boy has already been recovered, the petitioner has remained in custody in connection with this case since 27.06.2019, investigation against her is complete but the trial is not likely to be concluded in near future, this Court directs release of the petitioner above named on bail on furnishing of bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Gaya in connection with Tekari P.S. Case No. 209 of 2019, subject to the conditions as laid down under Section 437(3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which is suspected, and

Patna High Court CR. MISC. No.16195 of 2021(2) dt.25-06-2021 3/3 (c) that such persons shall not directly or indirectly make and inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

The application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.