Indu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27860 of 2019 Arising Out of PS. Case No.-149 Year-2015 Thana- ISUAPUR DistrictSaran ====================================================== INDU DEVI, aged about 36 years, female, Wife of Sudhan Manjhi Resident of Village - Attanagar, P.O and P.S. - Ishuapur, Distt - Saran at Chapra. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Kumar Binode Bariar, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 29-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 366A/34 of the Indian Penal Code registered in connection with Ishuapur P.S. Case No. 149 of 2015.

3. It is submitted that the petitioner has been falsely implicated as evident from the statement of the victim girl recorded under Section 164 Cr. P.C. (Annexure-2) wherein she has not named the petitioner rather she has specifically named other persons. The petitioner has been implicated merely because she happens to be the bhabhi of co-accused Kishore Kumar who is said to have wanted to marry the victim. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.27860 of 2019(2) dt.29-04-2019 2/2 Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Saran at Chapra in connection with Ishuapur P.S. Case No. 149 lof 2015, subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T