Bhola Sah And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.28009 of 2015 (3) dt.24-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28009 of 2015 Arising Out of PS.Case No. -46 Year- 2015 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bhola Sah S/o Asharfi Sah Resident of Village Nakardei, P.S. Nakardei, District East Champaran.

2. Manisha Kumari D/o Shamsul Hoda Resident of Village Ramnagar Ghoraiya, P.S. Ramnagar, District West Champaran (Bettiah). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N.K. Aggrawal, Sr. Advocate Mr. Dhananjaya Nath Tiwari, Advocate For the Opposite Party/s : Mr. Atul Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-09-2015 Heard learned Sr. Counsel for the petitioners and learned counsel representing the State.

Petitioners seek bail in connection with Aadapur (Nakardei) P.S. Case No. 46 of 2015 registered for the offences punishable under Sections 365, 368, 370/34 of the Indian Penal Code.

Allegedly, the petitioner no. 1 purchased the informant Rabina Yadav for Rs. 80,000/- and kept her in his house where the petitioner no. 2 used to look after her, there were six others girls also and the petitioners used to take their services as dancer. Submission is of false implication and that the informant and others were not purchasesd as slave, the informant and four girls had joined the party of petitioner no. 1 to perform dance

Patna High Court Cr.Misc. No.28009 of 2015 (3) dt.24-09-2015 programme and as per the programme they used to take money from petitioner no. 1 but on the instigation of enemies of petitioner no. 1 the case has been lodged. However, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.

Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioners above named are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Raxaul at Motihari in connection with Aadapur (Nakardei) P.S. Case No. 46 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 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) avin/- U T