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Patna High CourtCR. MISC./45386/2016bail granted

Baby Devi v. The State Of Bihar

2016-10-19The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45386 of 2016 Arising Out of PS.Case No. -387 Year- 2011 Thana -JAMUI District- JAMUI ======================================================

1. Baby Devi Wife of Sri Bijay Sah resident of village - Mahisauri, P.S. - Jamui, District Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prakash Mahto For the Opposite Party/s : Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 19-10-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Baby Devi, in connection with Jamui Police Station Case No. 387 of 2011, under Sections 326/307/497/380/34 of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Prakash Mahto, learned Counsel for the petitioner, and Mr. Umanath Mishra, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused above-named has been in custody since 09.08.2016 in connection with the case aforementioned and though charge sheet has been submitted and perusal of the materials available on record

Patna High Court Cr.Misc. No.45386 of 2016 (2) dt.19-10-2016 2/2 does not reveal 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 accused-petitioner's liberty on bail would adversely affect her trial, it is, in the interest of justice, hereby directed that the accused above-named shall be released on bail of Rs. 10,000/- with two sureties, each of the like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Jamui, in connection with Jamui Police Station Case No. 387 of 2011.

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.) Prabhakar Anand/- U √ T √