Uma Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49077 of 2017 Arising Out of PS.Case No. -127 Year- 2017 Thana -MAJHAHGARH District- GOPALGANJ ======================================================

1. Uma Devi W/o Late Yogendra Sah, R/o Village- Meena Tola, P.S.- Manjhagarh, District- Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Dubey For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-11-2017 The petitioner seeks regular bail in connection with Manjhagarh P.S. Case No. 127 of 2017, registered for offences punishable under Section 366(A)/34 of the Indian Penal Code. Allegation is of kidnapping the daughter of the informatn in collusion with other accused person.

It has been submitted on behalf of the petitioner that out and out false and fabricated allegations have been made and petitioner has no role to play in the kidnapping of the girl. Further now the girl has been recovered and her statement under Section 164 Cr.P.C has been recorded, in which though she has stated that three persons came out from the house of husband of this petitioner but she has not specifically named this petitioner and petitioner is a lady and has been in custody since 28.07.2017.

Learned counsel for the State as well as learned counsel for the informant opposed the prayer for bail, however, the could not controvert the fact that the girl in her statement under Section 164 Cr.P.C has not specifically named the petitioner. Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gopalganj, in connection with Manjhagarh P.S. Case No. 127 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property 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 reasons, the

prosecution will be free to move for cancellation of her bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T