Mosmat Sangita Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.45248 of 2014 (2) dt.03-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45248 of 2014 Arising Out of PS.Case No. -211 Year- 2014 Thana -COMPLAINT CASE District- BANKA ====================================================== Mosmat Sangita Devi Wife of Late Bhola Choudhary resident of Akagoda, P.S. Barahat, District Banka.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Md.Arif(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-03-2015 Heard Learned Counsel for the petitioner, complainant and the State.

The petitioner seeks bail in complaint case no. 211 of 2014 registered for the offences punishable under Sections 365, 120(B) of the Indian Penal Code.

The complainant alleged that she gave birth to a child, and handed over the same to the petitioner. She went to receive Protsahan Rashi, but when she returned, the child was missing. It is alleged that the petitioner in connivance with the other accused persons took away the child.

The Learned Counsel for the petitioner submits that there is no evidence to show that the petitioner stole the child of the complainant.

Patna High Court Cr.Misc. No.45248 of 2014 (2) dt.03-03-2015 On the other hand Learned Counsel for the complainant submitted that the complainant and the witnesses have supported the case.

Considering the facts aforesaid and the fact that the petitioner being a lady is in jail since 13.10.2014, the petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Learned Judicial Magistrate, Ist Class, Banka in connection with complain case no. 211 of 2014. (Prabhat Kumar Jha, J) Vinita/- U T