Wazada Pravin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6353 of 2016 Arising Out of PS.Case No. -223 Year- 2015 Thana -NAUHATTA District- SAHARSA ======================================================

1. Wazada Pravin Daughter of Md. Rahman @ Becho Resident of VillageNauhatta, P.S.- Nauhatta Dist- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. R.N. Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-04-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 302, 201, 120 B and 34 of the I.P.C Allegedly, Ruksar, aged 22 years, the daughter of the informant, went with the petitioner towards Middle School, Nauhatta and since then Ruksar did not return and the petitioner told the informant that Santosh Mehta and Firoz have taken away her on the motorcycle. Thereafter, in the morning the son of the informant and the petitioner went at the house of Santosh Mehta to ask about Ruksar and then Santosh Mehta told that she will go to her house within ten minutes but later on her dead body was recovered.

Patna High Court Cr.Misc. No.6353 of 2016 (4) dt.27-04-2016 2/2 Submission is of false implication and that the petitioner has been made accused without any basis, she ought to have been made witness in this case, she has got no hand in the alleged killing and without any legal and tangible material she is suffering in custody since 26.10.2015.

The learned A.P.P. opposes prayer for bail by submitting that the deceased was seen with the petitioner and thereafter her dead body was recovered.

In the facts and circumstances as stated above, considering that charge sheet has already been submitted and the petitioner is a lady and as such she is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Saharsa in Nauhatta P.S. Case No. 223 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T