Seema v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18585 of 2015 Arising Out of PS.Case No. -52 Year- 2014 Thana -JALALGARH District- PURNIA ====================================================== Seema, Daughter of Suleman Resident of Village- Sumari, P.S. Kasba , District- Purnea.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.18755 of 2015 Arising Out of PS.Case No. -52 Year- 2014 Thana -JALALGARH District- PURNIA ====================================================== PAPPU @ PAPPU KUMAR SAH, Son of Kalachand. Resident of Village - Jahangirpur, Rahika Tola, P.S.- Jalalgarh, District - Purnea. ... .... Petitioner/s

Versus

The State of Bihar.

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

(In Cr.Misc. No.18585 of 2015) For the Petitioner/s : Mr. Bijendra Kumar Singh, Advocate. For the Opposite Party/s: Mr. Awdhesh Kumar Singh (App) (In Cr.Misc. No.18755 of 2015) For the Petitioner/s : Mr. Bijendra Kumar Singh, Advocate.

For the Opposite Party/s: Mr. Satyaverat Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 15-06-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioners for offence under Sections 366A and 372 of the Indian Penal Code and that the statement of victim girl recorded under Section 164 of the Cr.P.C. mainly implicates the petitioner, namely, Pappu @ Pappu Kumar Sah (petitioner in Cr. Misc. No. 18755 of 2015) this Court would be inclined to grant privilege of

Patna High Court Cr.Misc. No.18585 of 2015 (2) dt.15-06-2015 2/3 anticipatory bail to petitioner namely Seema. That being so, if the petitioner namely Seema surrenders before the court below within a period of four weeks from today, she shall be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Jalagarh P.S.Case No. 52 of 2014, subject to the following conditions:

(i) That both the bailors will be close family relatives of the petitioner, who will undertake an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if she is, she shall not be released on bail.

(iii) That the bailors shall also state on affidavit that they will inform the court concerned, if the petitioner is implicated in any other case of similar nature after her release in the present case and thereafter the court below will be at liberty to initiate the proceeding for

Patna High Court Cr.Misc. No.18585 of 2015 (2) dt.15-06-2015 3/3 cancellation of her bail on the ground of misuse. (iv) That the petitioner will be well represented on each and every date in course of trial and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled on this ground alone.

The prayer for anticipatory bail of the petitioner Pappu @ Pappu Kumar Sah is hereby rejected.

(Mihir Kumar Jha, J) Sujit/- U