Patna High CourtCR. MISC./54913/2016bail granted

Sunita @ Premika Korawa v. The State Of Bihar

2017-03-15Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54913 of 2016 Arising Out of PS.Case No. -288 Year- 2016 Thana -PURNEA SADAR District- PURNIA ====================================================== Sunita @ Premika Korawa, Wife of Sunil Kujur, Resident of Baraline, Police Station- Naxalbari in the District of Darjeeling (West Bengal). .... .... Petitioner

Versus

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

For the Petitioner : Mr. Vijay Kumar, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-03-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 08.08.2016 in connection with Sadar P.S. Case No. 288 of 2016 for the alleged offences under Sections 370 of the Indian Penal Code, 23 of the Juvenile Justice (Care and Protection of Children) Act and Section 147 of Child Labour (Prohibition and Regulation) Act, 1986.

3. It is submitted that the petitioner has been falsely implicated and no independent witness has supported the prosecution case.

4. Pursuant to order dated 09.01.2017, a report has been received from the learned Chief Judicial Magistrate, Purnea, according to which charges have been framed on 16.02.2017 and the case is pending for evidence. It is submitted that there is no chance of tampering with the evidence. The petitioner claims clean antecedents.

5. Having regard to the entirety of the facts and circumstances of the case, as well as the period of custody since 08.08.2016, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two

Patna High Court Cr.Misc. No.54913 of 2016 (5) dt.15-03-2017 sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Sadar P.S. Case No. 288 of 2016 on the following conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner will be well represented on each and every date and if she fails to do so on two consecutive dates without sufficient reason, her bail bond will be liable to be cancelled by the Court concerned.

(Vikash Jain, J) Chandran/BT U T