Ranjan Devi @ Ranjana Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7013 of 2023 Arising Out of PS. Case No.-49 Year-2022 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== RANJAN DEVI @ RANJANA DEVI D/o Kari Bater R/o Mahathwar, P.SGhanshyampur Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhimanyu Deo, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Ghanshyampur P.S. Case No. 49 of 2022 dated 03.03.2022 registered for the offence under Sections 363, 365 and 367 of the Indian Penal Code.

The minor sister of the informant is alleged to have been kidnapped by petitioner and others.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that the allegation, as alleged in the F.I.R., is false and fabricated and the petitioner has not committed any offence. He further submits that the victim has been recovered and her statement was

Patna High Court CR. MISC. No.7013 of 2023(3) dt.22-06-2023 2/3 recorded under Section 164 Cr.P.C. in which she has stated that the petitioner has abducted her but she has not stated that she has been subjected to sexual assault by the petitioner nor any overt act is committed by him. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner on 30.03.2023 thereafter charge under Sections 363, 366 and 367 of the Indian Penal Code has been framed but the prosecution has not examined any witnesses as yet. The petitioner is rotting in judicial custody since 05.03.2022. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II, Benipur, Darbhanga in connection with Sessions Trial No. 206 of 2022 arising out of Ghanshyampur P.S. Case No. 206 of 2022 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.7013 of 2023(3) dt.22-06-2023 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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 his 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.

(Rajesh Kumar Verma, J) brajesh/- U T