Nirmala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20032 of 2023 Arising Out of PS. Case No.-123 Year-2022 Thana- RUPAULI District- Purnia ====================================================== Nirmala Devi, wife of Nawal Kishor Mandal, R/O Village- Maini, Dhruv Das Tola, P.S.- Rupauli, Dist- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabindra Kumar Priyadarshi, Adv.

Mr. Dheeraj Kumar, Adv.

For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Session Trial No. 443 of 2022 arising out of Rupauli P.S. Case No. 123 of 2022 dated 19.05.2022 registered for the offences punishable under Sections 363, 366 and 370 of the Indian Penal Code.

3. The main submissions advanced by learned counsel for the petitioner are that as per the FIR the victim, who happens to be the wife of the informant, went missing on 01.05.2022 and after eighteen days of her missing, on 19.05.2022 the FIR was lodged by the victim's husband raising suspicion against this petitioner to be involved in taking away and hiding the victim and except this, there is no material against this petitioner. Further submissions are that the petitioner is a lady and against

Patna High Court CR. MISC. No.20032 of 2023(3) dt.03-08-2023 2/2 her, the investigation has been completed and mainly on the basis of her confessional statement she has been chargesheeted and she has fair and clean antecedent and has been languishing in jail since 07.06.2022.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the facts that the FIR was registered after an inordinate delay of eighteen days and mainly on the basis of victim being seen in the company of this petitioner by some persons as well as on the basis of petitioner's confessional statement, she has been chargesheeted and against her, the investigation has been completed and she is a lady and has been languishing in jail since 07.06.2022, in my opinion in the said circumstances, the petitioner deserves to the privilege of bail. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Session Trial No. 443 of 2022 arising out of Rupauli P.S. Case No. 123 of 2022.

(Shailendra Singh, J) annu/- U T