Kamli Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7309 of 2019 Arising Out of PS. Case No.-98 Year-2018 Thana- KATORIYA District- Banka ====================================================== Kamli Devi, aged about 50 years, (F), wife of Shailendra Yadav Resident of Village- Karda, P.S.- Katoriya, Ditrict- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Brajendra Nath Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 376,302,120(B) of the Indian Penal Code and Section 4/6 of the POCSO Act, 2012. Though the offence alleged is very heinous and shocking as three girls were raped and murdered by unknown criminals, however, the allegation is against eight person based on suspicion.

Learned counsel for the petitioner submits that the police report would show that there is no direct evidence that any of the named accused was seen coming out from the house where the occurrence allegedly took place and the suspicion is based on old dispute between the parties. Petitioner

Patna High Court CR. MISC. No.7309 of 2019(4) dt.24-04-2019 2/2 is in custody since 08.06.2018. Investigation of the case is complete.

Considering the fact that there is no substantial material disclosing involvement of the petitioner in the crime alleged and petitioner has got no criminal antecedent, let the petitioner, above named, 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 Court below where the case is pending in connection with Katoriya Police Station Case No.98 of 2018, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T