Sunita Hembram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21636 of 2023 Arising Out of PS. Case No.-1710 Year-2019 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Sunita Hembram W/O Jetha Hembram @ Jetha Marandi R/O Village- Jhunki, P.S- Dhandkhora, Distt.- Katihar.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Bhola Pandit S/O Late Parmeshwar Pandit R/O Village- Kathghar, P.SPranpur, Distt.- Katihar. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Alok Kumar Alok, Advocate For the Opposite Parties :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Complaint Case No. 1710 of 2019 dated 04.05.2013, instituted for the offences punishable under Sections 364/34 of the Indian Penal Code.

3. The prosecution case in short is that the daughter of the informant is missing since 09.03.2013 and on enquiry, the informant get to know that his daughter is in the house of one Jetha Marandi who told the informant that his daughter left the house with Jetha Marandi's wife (petitioner) and will return after two days on the premise of Jetha Marandi's house,

Patna High Court CR. MISC. No.21636 of 2023(2) dt.22-05-2023 2/3 informant found frock of his daughter which was accepted by Jetha Marandi as well. It is further alleged that even after 30 days of occurrence, the informant's daughter has not returned home.

4. Learned counsel for the petitioner submits that the petitioner is innocent and she has falsely been implicated in this case. It is submitted that after investigation the Investigating Officer found the case false against the alleged accused including the petitioner and submitted final report, bearing No. 20 of 2019 dated 09.03.2019. On protest, a Complaint Case bearing Complaint Case No. 1710 of 2019 has been filed by the informant. It is further submitted that no material evidence has been found against the petitioner during the course of investigation. Further, it is submitted that the said Complaint Case has been filed after three years of the occurrence. Lastly, it has been submitted that the petitioner is in custody since 28.01.2023, has no criminal antecedent.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of

Patna High Court CR. MISC. No.21636 of 2023(2) dt.22-05-2023 3/3 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st Katihar in Complaint Case No. 1710 of 2019. (Khatim Reza, J) shanu/- U T