Shiromani Devi @ Sheromani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1351 of 2016 Arising Out of PS.Case No. -57 Year- 2014 Thana -MAHILA PS District- KATIHAR ====================================================== Shiromani Devi @ Sheromani Devi wife of Mahendra Mandal resident of Village - Nababganj, Purabtola, P.S. - Kurshela, District - Katihar. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Md.Sufiyan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 27-04-2016 Heard learned counsels for the petitioner and the State.

The petitioner has renewed his prayer for bail in a case registered for the offences punishable under Sections 363, 366A, 373 and 120B/34 of the Indian Penal Code. The petitioner is languishing in custody since 22.12.2014. The prosecution case is that the informant's daughter Maltu Kumari used to go to cut grass in the company of the petitioner and co-accused Shila Devi, while doing so she was abducted. On recovery of the victim, in 164 Cr.P.C. statement she has stated that she was being kidnapped by the petitioner and coaccused Nathiya Devi and Uma Devi and was handed over to one Rizwan who took to Saharanpur and Rizwan intended to get the kidney of the victim transplanted to some needy person on

Patna High Court Cr.Misc. No.1351 of 2016 (2) dt.27-04-2016 2/2 payment of consideration amount.

It is submitted by learned counsel for the petitioner that considering the fact that victim in her 164 Cr.P.C. statement has not named co-accused Mahendra Mandal and Shila Devi, hence, they have been granted vide order dated 13.03.2015. Petitioner is the own sister-in-law of the informant and she has been roped in the present case since the petitioner was on inimical term with the informant from before.

Earlier the prayer for bail of the petitioner was rejected with liberty to renew her prayer for bail after completing one year in custody.

Considering the fact that the petitioner is a lady and a statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Katihar in connection with Sessions Trial No. 193 of 2015 arising out of Katihar Mahila P.S. Case No. 57 of 2014.

(Dinesh Kumar Singh, J) DKS/- U T