Muriya Devi@Guriya Devi@Ranjeetadevi @Gudiya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18712 of 2021 Arising Out of PS. Case No.-267 Year-2009 Thana- RAMNAGAR District- West Champaran ====================================================== MURIYA DEVI@GURIYA DEVI@RANJEETADEVI @GUDIYA DEVI WIFE OF BIRENDRA DOM RESIDENT OF VILLAGE- SABUNI POKHARA DOM TOLI P.S. RAMNAGAR, DISTRICT- WEST CHAMPIARAN.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Milind Kumar Mishra For the Opposite Party/s :
Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-11-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks bail in connection with Tr. No. 2401 of 2020, arising out of Ramnagar P.S. Case No. 267 of 2009, registered under Sections 366A and 376/34 of the Indian Penal Code.
The allegation against the petitioner and coaccused is that they kidnapped the daughter of informant for illegal purpose. It has further been alleged in the F.I.R. that they forcefully took Rs. 20,000/- and other ornaments from the possession of the informant.
Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.18712 of 2021(2) dt.15-11-2021 2/3 submits that, in this case, the Chargesheet has already been submitted against the petitioner and there is no allegation of tampering of witnesses against the petitioner. He further submits that victim has been examined by the Medical Officer and no sign of rape is said to have been found. He further submits that petitioner is the mother of co-accused and she has not been named by the victim in statement recorded under Section 164 Cr.P.C. The allegation of rape is against her son co-accused Muku.
Learned A.P.P. appearing on behalf of State, however, opposes the prayer for bail of the petitioner and submits that petitioner is named in the F.I.R. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bagaha, West Champaran in connection with Ramnagar P.S. Case No. 267 of 2009, subject to the following conditions: (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing with the Court below shall be at liberty to cancel the bail bond of the petitioner.
Patna High Court CR. MISC. No.18712 of 2021(2) dt.15-11-2021 3/3 (b) Both the bailors shall be the resident of territorial jurisdiction of the learned Court below.
(c) The petitioner shall not leave the country without permission of the trial Court.
(Purnendu Singh, J) manish/- U T