Aarti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23333 of 2019 Arising Out of PS. Case No.-459 Year-2018 Thana- GHOSI District- Jehanabad ====================================================== Aarti Devi, aged about 27 years (Female), W/o Gorelal @ Shivdata Paswan, R/o village- Gandhar, P.S.- Ghosi, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-06-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Ghosi P.S. Case No. 459 of 2018 registered under Section 365 of the Indian Penal Code.

The F.I.R. was against unknown persons. The prosecution case as stated in the written petition of the informant Rabindra Paswan is that on 19.11.2018 at about 2 P.M. his daughter Bulbul aged about 12 years had gone Punjab National Bank Bandhuganj Bazaar branch for withdrawal of Scholarship but she did not return till evening and she was searched but no information was received about her then, the informant filed a petition before the police and the F.I.R. was instituted.

Learned counsel for the petitioner has further submitted that the petitioner is a lady and she is in custody since 15.02.2019 without any rhyme and reason. It has further been stated that petitioner is the cousin aunt of the victim and due to

Patna High Court CR. MISC. No.23333 of 2019(4) dt.28-06-2019 2/2 some dispute she has been implicated in this case. In paragraph16 of the bail petition, learned counsel for the petitioner submitted that the petitioner is having pregnancy of seven months.

The victim has her statement under Section 164 Cr.P.C. stated that the name of the petitioner has taken. However, the co-accused has been granted bail by the court below on the ground that there is no positive material against the petitioner. However, a joint compromise petition has been filed on behalf of both the parties in which it is mentioned that both the parties have amicably settled their dispute and the do not want to proceed further with this case.

In the facts and circumstances of the case specially, the petitioner is having pregnancy of seven months, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad in connection with Ghosi P.S. Case No. 459 of 2018. (Anjani Kumar Sharan, J) Nasimul/- U T