Veena Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20719 of 2019 Arising Out of PS. Case No.-196 Year-2018 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== 1.

VEENA KUMARI Daughter of Late Ram Brikch Choudhary 2.

Most. Renu Wife of Late Ram Brikch Choudhary both Resident of VillageBathaili, P.S.- Katihar Muffasil, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Najeeb Ahmad For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek bail in a case registered for the offence punishable under Sections 366A, 341, 342, 376, 511 and 34 of the Indian Penal Code and Section 4 of the POCSO Act. It has been submitted on behalf of the petitioner that they are innocent, bear no criminal antecedent and have been falsely implicated in the aforesaid case. He submits that date of occurrence is 30.08.2018 but the F.I.R. has been lodged on 05.09.2018 without any explanation. He further submits that there is no specific allegation against the petitioners and they are languishing in judicial custody since 25.01.2019. In the facts and circumstances of the case, let the

Patna High Court CR. MISC. No.20719 of 2019(5) dt.26-06-2019 2/2 petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cum-Special Judge, Katihar in connection with G.R. No. 3938 of 2018 (Mahila P.S. Case No. 196 of 2018/Katihar Mufassil Police Station Case No. 196 of 2018, subject to the conditions:

(I) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(II) Petitioners 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 Court and their absence on two consecutive dates without sufficient reasons, their bail bond shall be cancelled by the court below. (III) If the petitioners tamper 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 petitioners. (Anjani Kumar Sharan, J) devendra/- U T