Chand Tara Kunwar @ Chand Tara Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1771 of 2017 Arising Out of PS.Case No. -82 Year- 2015 Thana -BHAGWANPUR District- BHABHUA (KAIMUR) ====================================================== Chand Tara Kunwar @ Chand Tara Devi, wife of Jiyut Ram, ("Late" wrongly stated), Resident of Village - Khanethi, Post Office - Khanethi, Police Station - Sonhan, District - Kaimur (Bhabua). .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Pathak, Adv. For the Opposite Party/s : Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Bhagwanpur (Belaw) P.S. Case No. 82 of 2015 correspondent to Sessions Trial No. 284 of 2015 / 439 of 2015 registered for offences under sections 364(A)/363/120(B)/34 of the Indian Penal Code. The matter relates to kidnapping and demand of ransom which led to institution of the present case. The victim was recovered from the possession of the petitioner. The petitioner had earlier moved before this Court in Cr. Misc. No. 56685 of 2015 and this Court, vide order dated 19.2.2016, rejected the prayer for bail of the petitioner with a direction to the trial court conclude the trial within a period of nine month.

Patna High Court Cr.Misc. No.1771 of 2017 (3) dt.22-02-2017 This Court had called for a status report of the case from where it appears that out of 9 witnesses, 6 witnesses have been examined and the case was fixed for next witness on 4.2.2017. The petitioner is languishing in judicial custody since 19.6.2015. Looking to the facts and circumstances of the case, let the petitioner, namely, Chand Tara Kunwar @ Chand Tara Devi, 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 & Sessions Judge, 6th, Kaimur at Bhabua in connection with Bhagwanpur (Belaw) P.S. Case No. 82 of 2015 corresponding to Sessions Trial No. 284 of 2015/ 439 of 2015.

This Court directs the petitioner to cooperate in the proceeding of the court below and she will remain physically present on each and every date and if she remains absent for two consecutive dates without any valid reason, the court below will be at liberty to pass an order for cancellation of the bail of the petitioner.