Patna High CourtCR. MISC./9386/2017bail granted

Nisha Devi v. The State Of Bihar

2017-04-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9386 of 2017 Arising Out of PS.Case No. -178 Year- 2016 Thana -KUMARGHAND District- MADHEPURA ====================================================== Nisha Devi, wife of Bhagwan Yadav, resident of Village- Kumarkhand, Ward No. 11, Police Station- Kumarkhand, District- Madhepura. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-04-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Kumarkhand P.S.Case No. 178 of 2016 registered for the offences punishable under Sections 363 and 366/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that now the statement of the victim girl has been recorded under Section 164 Cr.P.C. in which she has stated that she had gone out of her own sweet will and she married with co-accused Vikash Kumar and petitioner is in custody since 31.10.2016. Heard learned APP also.

Having heard both sides and considering the statement of the victim girl under Section 164 Cr.P.C. let the petitioner,

Patna High Court Cr.Misc. No.9386 of 2017 (3) dt.03-04-2017 2/2 above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Madhepura, in connection with Kumarkhand P.S.Case No. 178 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

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

(iii) The petitioner shall cooperate in the disposal of trial and make herself available as and when required by the court and on the event of failure on her 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 her bail.

(Vinod Kumar Sinha, J) spal/- U