Baby Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34177 of 2020 Arising Out of PS. Case No.-223 Year-2019 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Baby Devi Wife of Gopal Singh Resident of Village - Gulab Bagh, P.S.- Mufassil and District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 419/363/365 of the Indian Penal Code.

Allegation against the petitioner is of removal of a male child from the hospital. The petitioner has got no criminal antecedent and she is in custody since 23.10.2019. Investigation of the case is already complete.

The impugned order and case-diary reveals that when police raided the house of the petitioner, the petitioner and her husband were found in the house and a rifle was recovered from under the bed.

Patna High Court CR. MISC. No.34177 of 2020(3) dt.19-01-2021 2/2 Submission is that for recovery of fire-arm a separate case might have been instituted. In this case charge sheet has already been submitted.

Considering the period already undergone by the petitioner, who is a female, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Magadh Medical P.S. Case No.223 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T