Sunita Devi @ Sukni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52675 of 2021 Arising Out of PS. Case No.-43 Year-2021 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== Sunita Devi @ Sukni Devi Wife of Late Raina Mahaldar @ Rajesh Mahaldar Resident Of Village- Nayatola Bholsar, P.S- Rasulpur, Dist- Bhagalpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Advocate For the Opposite Party/s :

Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-04-2022 Heard counsel for the parties.

The petitioner is in custody in connection with GRP/Kiul P.S. Case No. 43 of 2021 under section 414 of the Indian Penal Code.

The allegation against her is that while the police party was on patrolling at Kiul platform, they saw a lady fleeing away in suspicious state. She was apprehended with the help of ladies police and upon search five mobile phones with sim was recovered from her possession. She stated that out of five, one mobile is her personal one while the other phones are stolen one.

It is in this way, she came into the judicial custody on 9.6.2021(as stated in para-10 of the bail application). Learned counsel for the petitioner submits that she has already suffered after being arrested in this case. Further, she is widow and has two minor children aged 14 and 8 years

Patna High Court CR. MISC. No.52675 of 2021(4) dt.25-04-2022 2/2 respectively and there is no one to look after those minor children.

Taking into account the aforesaid fact that the petitioner is in jail since 9.6.2021, the charge-sheet has been submitted and she is widow with two minor children, this Court is inclined to grant her the privilege of bail. However, as she has six criminal cases registered against her, it is necessary to impose certain condition while allowing her bail. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned RJM, Kiul, in connection with GRP/Kiul P.S. Case No. 43 of 2021 subject to the following conditions:- (i) one of the bailor should be the family members of the petitioner, who shall provide official document to show his/her bona fide;

(ii) she shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of her bail bonds.

(Rajiv Roy, J) Ravi/- U T