Patna High CourtCR. MISC./1314/2018bail granted

Sandhya Devi v. The State Of Bihar

2018-02-15Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1314 of 2018 Arising Out of PS.Case No. -121 Year- 2017 Thana -GOH District- AURANGABAD ======================================================

1. Sandhya Devi W/o Kamlesh Paswan resident of village - Bhagwanpur, P.S. Goh, District - Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is in judicial custody since 23.09.2017 in connection with Goh P.S. Case No. 121/2017 for offences punishable under Section 366-A/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that his daughter Sushma Kumari, aged 16 years, was taken away by the petitioner and her daughter Priya Devi for getting the informant's daughter married to one Lav-Kush Paswan. It has been submitted by the learned counsel for the petitioner that she being a lady is innocent, nothing has been alleged in the statement u/s 164 Cr.P.C. by the informant's

Patna High Court Cr.Misc. No.1314 of 2018 (3) dt.15-02-2018 2/2 daughter nor any allegation has been made against the petitioner by the victim. He submits that charge-sheet has already been submitted and considering the period of custody a sympathetic consideration be given.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record and that the petitioner has a clean antecedent, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad, in connection with Goh P.S. Case No. 121/2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Rajesh/- U T