Patna High CourtCR. MISC./52891/2016bail granted

Sulochana Devi v. The State Of Bihar

2016-12-16Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.52891 of 2016 (2) dt.16-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52891 of 2016 Arising Out of PS.Case No. -199 Year- 2016 Thana -MUNGER MUFFASIL District- MUNGER ====================================================== Sulochana Devi, wife of Chhatis Yadav, resident of village Mai Taufir, Indra Mahto Tola, P.S. Muffasil, District Munger. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajit Kumar Singh, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 01.10.2016 in connection with Muffasil P.S. Case No. 199 of 2016 for the alleged offences under Sections 25(1-b) A/26(II)/35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated in connection with alleged recovery of one country made pistol and two live cartridges from the petitioner. It is submitted that there is considerable doubt with regard to the validity of the seizure list which does not contain signature of any independent witness. The petitioner is a lady and claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M., Munger in connection with Muffasil P.S. Case No. 199 of 2016 on the following conditions - (i) That one of the bailors shall be a close relative of the petitioner.

Patna High Court Cr.Misc. No.52891 of 2016 (2) dt.16-12-2016 (ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner will be well represented on each and every date and if she fails to do so on two consecutive dates without sufficient reason, her bail bond will be liable to be cancelled by the Court concerned.

(Vikash Jain, J) Chandran/BT U T