Baby Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38240 of 2017 Arising Out of PS.Case No. -113 Year- 2016 Thana -CHIKSAUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Baby Devi W/o Late Dhananjay Yadav, C/o Sadan Gope @ Sunil Gope R/o Patel Nagar Hilsa, P.S.- Hilsa, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-08-2017 Heard the parties.

The petitioner is apprehending his arrest in connection with Chiksaura P.S.Case No.113 of 2016, registered for offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

Allegation against the petitioner as per FIR is that the petitioner along with two other co-accused persons has committed theft of the daughter of the informant, who is said to be wife of Sadan Gope.

Submission of the learned counsel for the petitioner is that except suspicion, there is nothing against the petitioner and Sadan Gope has been acquitted after a full-fledged trial. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.38240 of 2017 (2) dt.19-08-2017 2/2 Having heard both sides and in view of the fact that the petitioner is a lady and no specific allegation has been attributed against her, as such, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Hilsa in connection with Chiksaura P.S.Case No.113 of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make herself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of her bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T