Jaha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45681 of 2014 Arising Out of PS.Case No. -80 Year- 2014 Thana -HASANPUR District- SAMASTIPUR ======================================================

1. Jaha Devi W/o Ganesh Paswan resident of village- Virpur, P.S.- Hasanpur, Distt.- Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rudal Prasad, Advocate. For the Opposite Party/s : Mr. Anita Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 11-02-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accused-petitioner, namely, Jaha Devi, in connection with Hasanpur Police Station Case No. 80 of 2014, under Sections 363/366A/34 of the Indian Penal Code. Perused the above application and materials on record.

Heard Mr. Rudal Prasad, learned counsel for the petitioner, and Ms. Anita Kumari, learned Addl. Public Prosecutor, appearing on behalf of the State. Heard also Mr. Manoj Kumar Singh, appearing on behalf of the opposite party.

In view of the fact that the accused abovenamed is a female person, who has been in custody since 26.02.2014 in connection with the case aforementioned

Patna High Court Cr.Misc. No.45681 of 2014 (2) dt.11-02-2015 2/2 and though charge sheet has been submitted, trial has not yet commenced and perusal of the materials available does not reveal such incriminating materials, which would warrant further detention of the accused-petitioner in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioner's liberty on bail would adversely affect her trial, it is, in the interest of justice, hereby directed that the accused abovenamed shall be released on bail of Rs. 10,000/- with two sureties, each of the like amount, subject to the satisfaction of Mr. K. Kumar, Judicial Magistrate, 1st Class, Rosera, Samastipur.

This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence, and shall appear, in the learned Court below, as may be directed.

In terms of the above observations and directions, this bail application shall stand disposed of. (I. A. Ansari, J.) Mkr./- U T