Sabita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45646 of 2016 Arising Out of PS.Case No. -138 Year- 2016 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Sabita Devi W/o Uma Ram R/o Mohalla- Hamidganj, P.S.- Daltanganj, District- Palamu (Jharkhand) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 19-11-2016 Heard Mr. Singh for the petitioner and Mr. Dayal, learned APP for the State.

The petitioner seeks bail in Aurangabad (Town) P.S. Case No. 138 of 2016 registered under sections 366, 368 and 372 IPC.

The allegation, in brief, is that the minor niece of the informant was kidnapped by one Anil Kumar Singh for the purpose of selling her. The FIR discloses that other accused persons named in the FIR including the petitioner were members of the gang engaged in selling the girls.

The only allegation as per the contention of the petitioner is that after kidnapping/abduction of the niece of the informant, she was brought to the house of the petitioner and from there coaccused Anil Kumar Singh took her to Delhi wherefrom she was

Patna High Court Cr.Misc. No.45646 of 2016 (3) dt.19-11-2016 2/2 recovered with Anil Kumar Singh. It is stated that the petitioner is in custody since 27.04.2016 having clean antecedents. The charge sheet has already been submitted. The co-accuseds Mukesh Kumar and Rahul Kumar @ Sinku Kumar have since been released on bail by this Court vide annexure-3. Another order dated 17.10.2016 passed in Cr. Misc. No. 44406 of 2016 has been handed in by the counsel wherefrom it appears that the son of the petitioner namely Barhu @ Rakesh Kumar has also been released on bail.

Considering the facts and circumstances of the case, the petitioners above named shall be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of CJM, Aurangabad in Aurangabad (Town) P.S. Case No. 138 of 2016 on condition that one of the bailors shall be her own/close family member. In the event of framing of charge, the petitioner shall appear in person on each and every date fixed at the trial. Failure to do so on two consecutive dates, the trial court shall cancel her bail bonds and secure her arrest in accordance with law.

(Kishore Kumar Mandal, J) HR/- U T