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Patna High CourtCR. MISC./39804/2017bail granted

Meera Manjhi v. The State Of Bihar

2017-08-23Justice Smt. Nilu Agrawal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39804 of 2017 Arising Out of PS.Case No. -6 Year- 2017 Thana -BARHARIA District- SIWAN ======================================================

1. Meera Manjhi Daughter of Bunni Manjhi, Resident of Village-Aalapur, Police Station-Barhariya, District-Siwan ..... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Sri Satyavarat Verma ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 10.01.2017 in connection with S.T. No. 347 of 2017 arising out of Barharia P.S. Case No. 06 of 2017 for offences punishable under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25 (1-b) A, 26 / 35 of the Arms Act.

The prosecution case, as lodged by the police personnel is that acting on a secret tip off, that some criminals have assembled in the house of the petitioner, police conducted a raid and apprehended six miscreants including the petitioner while from the possession of the other co-accused, huge quantity of weapons and other incriminating articles were recovered, two motorcycles have been alleged to be recovered from the house of the petitioner which were stolen ones.

Patna High Court Cr.Misc. No.39804 of 2017 (2) dt.23-08-2017 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent and nothing has been recovered from the conscious possession of the petitioner and the motorcycle does not belong to her as she does business in the house and people used to come and go by the motorcycle. It has further been submitted that charge-sheet has already been submitted and there is no chance of tampering with the prosecution witnesses by the petitioner and that she is a lady and languishing in custody for nearly eight months.

However, learned APP for the State opposes the prayer for bail stating therein that petitioner does not have a clean history and two more cases are pending against her out of which one is of similar nature.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 4th Additional District and Sessions Judge, Siwan, in connection with Sessions Trial No. 347 of 2017 arising out of Barharia P.S. Case No. 06 of 2017 subject to the condition that one of the bailors would be a close relative of the petitioner. (Nilu Agrawal, J) sushma/- U T

Patna High Court Cr.Misc. No.39804 of 2017 (2) dt.23-08-2017 3/3