Patna High CourtCR. MISC./47938/2017bail granted

Durga Devi v. The State Of Bihar

2017-11-08Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47938 of 2017 Arising Out of PS.Case No. -186 Year- 2012 Thana -BAHERI District- DARBHANGA ====================================================== Durga Devi, wife of Arvind Kumar Singh @ Arvind Singh, resident of Village- Samadhpura, P.S. Baheri, District- Darbhanga. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Durga Nand Jha For the Opposite Party/s : Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-11-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Baheri P.S. Case No. 186 of 2012, registered for the offences punishable under Sections 363, 365, 370, 376, 120B and 34 of the Indian Penal Code.

Allegation against the petitioner is that she has taken the informant along with her to Delhi and sold her to some other person, wherefrom she anyhow escaped and came to the village. Submission of learned counsel for the petitioner is that the whole prosecution case falsifies in view of statement made by independent witness in paragraph-33 of the case diary and she has married one Laxmi Singh and petitioner is in custody since 25.7.2017.

Heard learned APP also, who could not controvert the statement of independent witness as pointed out by learned counsel for the petitioner.

Patna High Court Cr.Misc. No.47938 of 2017 (3) dt.08-11-2017 2/2 Having heard both sides and in view of facts and circumstances, as stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IX, Darbhanga, in connection with Baheri P.S.Case No. 186 of 2012, G.R.No. 2923 of 2012, subject to the conditions as follows : (1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, (2) Petitioner will co-operate in trial and appear on each and every date in court and on failure to appear on two consecutive dates without any genuine ground or without permission of court, her bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U