Mamta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44160 of 2016 Arising Out of PS.Case No. -117 Year- 2015 Thana -EKMA District- SARAN ======================================================

1. Mamta Devi, wife of Bullet Kumar Sah Resident of Village- Gopalpur, Police Station- Pachrukhi, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jeetendra Narayan, Adv. For the Opposite Party/s : Mr. Arbind Kumar Pandey, APP. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 05-10-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Mamta Devi, in connection with Ekma Police Station Case No. 117 of 2015, under Sections 328, 376 and 34 of the Indian Penal Code and 3⁄4 of Prevention of Children from Sexual Offences (POCSO) Act.

Perused the above application and materials on record.

Heard Mr. Jeetendra Narayan, learned Counsel for the petitioner, and Mr. ArvindKumar Pandey, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused above-named has been arrested, on 18.06.2016, in connection with the case aforementioned and though charge sheet has been submitted,

Patna High Court Cr.Misc. No.44160 of 2016 (2) dt.05-10-2016 2/2 perusal of the materials available does not indicate such incriminating materials, which would warrant further detention of the accused-petitioner in custody, and in view also of the fact that the perusal of the materials does not reveal that the accusedpetitioner's liberty on bail would adversely affect her trial, it is, in the interest of justice, hereby directed that the accused abovenamed shall be released on bail of Rs. 10,000/- with two sureties, each of the like amount, subject to the satisfaction of the learned 1st Additional Sessions Judge, Saran at Chapra, in connection with Ekma Police Station Case No. 117 of 2015, This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed.

In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, CJ) K.C.jha/- U T