Sunita Devi And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.3636 of 2016 (3) dt.24-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3636 of 2016 Arising Out of PS.Case No. -157 Year- 2015 Thana -RAJAULI District- NAWADA ======================================================

1. Sunita Devi W/o Manoj Singh, Resident of Balod, P.S.- Chirawan, District- Jhunjhuno (Rajasthan)

2. Md. Halim @ Hasi, S/o Md. Kasim, Resident of Pipara, P.S. Balrampur, District- Balrampur (U.P.) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-02-2016 Heard learned counsel for the petitioners and learned A.P.P. representing the State.

Petitioners seek bail in connection with Rajauli P.S. Case No. 157 of 2015 registered for the offences punishable under Sections 370(V) and 373/34 of the Indian Penal Code. Allegedly, the petitioners and co-accused Sarita Devi are indulged in human trafficking and earlier six persons were apprehended with the aid of Koderma administration. Submission is of false implication and that only on suspicion and presumption the petitioners have been implicated, without any legal and cogent material chargesheet has been submitted, co-accused Sarita Devi has already been allowed bail

Patna High Court Cr.Misc. No.3636 of 2016 (3) dt.24-02-2016 vide order dated 04.02.2016 passed in Cri. Misc. No. 2410 of 2016 by another co-ordinate Bench of this Court and, as such, the petitioners also deserve sympathetic consideration, to which the learned A.P.P. does not dispute.

In the facts and circumstances stated above, the petitioners, above named, are directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nawada in connection with Rajauli P.S. Case No. 157/15, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail. (Jitendra Mohan Sharma, J) sushma/- U T