Poonam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31022 of 2016 Arising Out of PS.Case No. -127 Year- 2016 Thana -ALAMGANJ District- PATNA ====================================================== Poonam Devi, Wife of Lakshman Rai, Resident of Mohalla- Gaighat, Chand Colony, P.S Alamganj, District Patna.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Shyamal Prakash, Advocate For the Opposite Party : Mr. Md. Ansarul Haque (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-09-2016 Heard learned counsel for the petitioner and learned counsel for representing the State.

The petitioner seeks bail in connection with Special (POCSO) Case No. 57 of 2016 arising out of Alamganj P.S. Case No. 127 of 2016 registered for the offences punishable under Sections 307 of the Indian Penal Code, Section 3/4 of Immoral Traffic Act and Section 12 of POCSO Act.

Allegedly, the petitioner took away Nazani Praveen aged about 10 years and tried to indulge her in immoral trafficking.

Submission is of false implication and that the petitioner has been made victim of this circumstances, no offence as alleged is made out, the entire allegation is concocted one. Co-

Patna High Court Cr.Misc. No.31022 of 2016 (3) dt.08-09-2016 2/2 accused Reena Devi has been granted bail and petitioner is in custody since 03.05.2016 and, as such, she deserves sympathetic consideration, to which the learned APP seriously opposes. In the facts and circumstances stated above, considering that the petitioner by remaining in custody now has been sufficiently penalized, as such, she is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Patna, in connection with Spl. (POCSO) No. 57 of 2016 arising out of Alamganj P.S. Case No. 127 of 2016, subject to the conditions that one of the bailors must be 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.) Rajiv/- U T