Patna High CourtCR. MISC./17650/2016bail granted

Asha Devi v. The State Of Bihar

2016-06-24Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.17650 of 2016 (4) dt.24-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17650 of 2016 Arising Out of PS.Case No. -302 Year- 2015 Thana -RAMKRISHNANAGAR District- PATNA ======================================================

1. Asha Devi W/o Vijay Das resident of Village - Karourichak, P.S. - Phulwarisharif, District - Patna..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Binay Kumar Sinha For the Opposite Party/s : Mr. A.K.Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-06-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Ram Krishna Nagar P.S. Case No. 302 of 2015 registered for the offences punishable under Sections 363 and 370 of the Indian Penal Code.

Allegedly, Rishikesh Kumar aged three years, the son of the informant, became traceless at the time of playing. During investigation the victim boy was recovered from the house of the petitioner.

Submission is of false implication and that the victim boy was weeping at the road alone and the petitioner with good intention brought him at her house and started looking after him, there was no intention to kidnap him and without any fault she is suffering in custody since 31.01.2016 to which the learned APP opposes.

Patna High Court Cr.Misc. No.17650 of 2016 (4) dt.24-06-2016 In the facts and circumstances stated above, considering the safe recovery of the victim boy and further considering the period of detention, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Ms. Kumari Jyotisana, J. M. Patna in connection with Ram Krishna Nagar P.S. Case No. 302 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 her part without any reason shall disentitle the petitioner from privilege of bail.

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