Rubi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30600 of 2021 Arising Out of PS. Case No.-301 Year-2020 Thana- PATORI District- Samastipur ====================================================== RUBI DEVI W/o Dinesh Ray R/o village- Chandsarai, P.S.- Jandaha, DistrictVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jinendfra Narain Sinha, Mr.Yogendra Kumar Singh, Advocates For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 31-08-2021 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 363,366A and 34 of the Indian Penal Code.

Allegation against FIR named accused including the petitioner is to have enticed away the minor daughter of the informant for marriage.

It has been submitted on behalf of the petitioner that she is innocent and has falsely been implicated in this case. It is further submitted that so-called victim girl and the petitioner are cousin sister and due to family feud, name of the petitioner has been dragged in this case. It is further contended that the

Patna High Court CR. MISC. No.30600 of 2021(2) dt.31-08-2021 2/3 victim girl had eloped on her own sweet will and volition with someone and the informant had not lodged the case at that time rather the FIR was lodged on 01.09.2020 after delay of two months without any valid explanation. It is lastly submitted that victim girl has been recovered and has returned to her home. Petitioner has no criminal antecedent and she is in custody since 17.12.2020.

Considering the aforesaid facts and circumstances of the case and also the fact that petitioner is a lady and victim girl has been recovered, as stated by learned counsel for the petitioner, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Patory P.S. Case No. 301 of 2020 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the court below.

Patna High Court CR. MISC. No.30600 of 2021(2) dt.31-08-2021 3/3

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T