Patna High CourtCR. MISC./36977/2016bail granted

Babita Kumari v. The State Of Bihar

2016-09-05Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36977 of 2016 Arising Out of PS.Case No. -40 Year- 2015 Thana -DUMRIAGHAT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Babita Kumari Daughter of Vishwanath Sahani Resident of VillageSemuapur, P.S. Dumariyaghat, District East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-376(2)(N), 302, 204/34 of the Indian Penal Code. The informant disclosed in his written report that on the alleged date of occurrence, the petitioner had gone to her home and had demanded a sim from the deceased. However, she stated that when she made protest, the petitioner left her home and after that, her daughter was also found missing. The dead body of her daughter was recovered in the next morning i.e. on 05-05-2015 from a barren field.

The impugned order goes to show that a mobile

Patna High Court Cr.Misc. No.36977 of 2016 (2) dt.05-09-2016 2/2 phone was recovered near the deadbody and it came to light that several calls and missed called were made on the recovered mobile and the holder of one mobile was in constant touch with the petitioner on her mobile phone.

The investigation against the petitioner has already been completed and it appears that except the above-said two circumstances, there is nothing against the petitioner. Accordingly, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Dumariyaghat P.S. Case No. 40 of 2015 to the satisfaction of learned Additional District & Sessions Judge-Ist, Motihari, East Champaran.

(Hemant Kumar Srivastava, J) A.K.V./- U T