Rubi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28821 of 2021 Arising Out of PS. Case No.-5 Year-2021 Thana- DUMARIYA District- Gaya ====================================================== RUBI DEVI Wife of Manoj Paswan Resident of Village - Chitabkala, P.S.- Sherghati, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-09-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 363, 366A of the Indian Penal Code.

As per the prosecution case, some unknown persons kidnapped the minor daughter of informant for the purpose of marriage.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is submitted that the occurrence took place on 24.12.2020 but the FIR was lodged on 23.01.2021 without any explanation for such delay. The petitioner is not named in the FIR and her name surfaced in the case during the course of investigation in the statement of victim recorded u/s 164 of Cr.

Patna High Court CR. MISC. No.28821 of 2021(3) dt.27-09-2021 2/3 P. C. in which she stated that this petitioner arranged room for co-accused Bikram Paswan, who is alleged to have sexually assaulted her. Thrust of accusation is against co-accused, Bikram Paswan. Petitioner claims clean antecedent and is in custody since 29.01.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Subhash Kumar, Judicial Magistrate, 1st class, Sherghati, Gaya in connection with Dumaria PS case No. 05/2021 on the following conditions:-

(1) 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 on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move

Patna High Court CR. MISC. No.28821 of 2021(3) dt.27-09-2021 3/3 for cancellation of bail.

(Prabhat Kumar Singh, J) BKS/- U T