Ruby @ Ruby Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19094 of 2020 Arising Out of PS. Case No.-145 Year-2020 Thana- PIRBAHOR District- Patna ====================================================== RUBY @ RUBY KUMARI, Wife of Md. Irshad R/O- Bihari Sao Lane, P.S.- Pirbahore, Dist.- Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Prashant Kumar- Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-05-2020 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.

Petitioner is in custody since 09.03.2020 and seeks bail in connection with Pirbahore P. S. Case No.145 of 2020 registered for the offences punishable under Sections 342, 376, 506, 504/34 of the I.P.C. and under Sections 3/4/5/6 of the Immoral Traffic Act.

Although petitioner is named in the first information report, but no specific allegation of rape or flesh trade has been imputed against the petitioner and very vague allegation of helping her husband in flesh trade has been levelled against her. Moreover, submission on behalf of the petitioner is that the

Patna High Court CR. MISC. No.19094 of 2020(2) dt.15-05-2020 2/2 victim was working as domestic help at the house of the petitioner, but some altercation took place due to payment of wages as a result thereof, the informant lodged this false case against the petitioner as well as against her entire family members.

Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Tanovar Kaur, learned Judicial Magistrate, Patna/ concerned Court in connection with Pirbahore P. S. Case No.145 of 2020.

However, it is made clear that if the petitioner fails to make available sureties due to lockdown as well as due to prevailing situation, the concerned court shall release the petitioner provisionally on personal bond with condition that petitioner shall furnish the sureties when lockdown is over. Petitioner shall remove all the defects when the Court starts functioning in regular way.

(Hemant Kumar Srivastava, J) vikash/- U T