Bachiya Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16489 of 2017 Arising Out of PS.Case No. -186 Year- 2016 Thana -SOHSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Bachiya Devi, wife of Late Ramdeo Chouhan @ Shivkumar Chouhan,

2. Shanti Devi, wife of Shri Shankar Chouhan, Both residents of Village/Mohalla- Chhoti Pahari, P.S.- Soh Sarai, District- Nalanda. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Prasad, Sr.Advocate with M/S Pramod Kumar, Ritesh Kumar & Dhirendra Kumar, Advocates For the Opposite Party/s : Mr.Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-04-2017 Heard learned counsel for the petitioners.

This is an application for bail in connection with Soh Sarai P.S.Case No. 186 of 2016 registered for the offences punishable under Sections 323, 341, 366A, 504 and 506/34 of the Indian Penal Code.

Petitioners are named in the FIR and there is allegation that they along with one Chhotu Kumar kidnapped the daughter of the informant.

It has been submitted on behalf of the petitioners that except suspicion there is nothing against the petitioners and there is no material to show that the victim girl was seen in the company of the petitioners and they being ladies are in custody since 9.1.2017 and they will abide by any condition that may be imposed by this Court if they are granted bail. Heard learned APP and learned counsel for the informant also. Learned counsel for the informant has opposed the prayer for bail. However, he could not point out any material to

Patna High Court Cr.Misc. No.16489 of 2017 (3) dt.20-04-2017 2/2 show that the girl was ever seen in the company of the petitioners. Having heard both sides and considering the aforesaid facts and circumstances, let the petitioners, named above, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-VI, Nalanda at Bihar Sharif, in connection with Soh Sarai P.S.Case No. 186 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of their bail.

(Vinod Kumar Sinha, J) spal/- U