Kushum Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1084 of 2021 Arising Out of PS. Case No.-49 Year-2019 Thana- HIRAMMA P.S. District- Sheohar ====================================================== Kushum Devi aged about 41 years, female, W/o Dashrath Sahni Resident of Village-Bangtahi, Ward No.6, P.S.-Hiramma, District-Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Kumar For the Opposite Party/s :

Mr. Md.Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-03-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Hiramma P.S. Case No. 49 of 2019 registered for the offence under Sections 363, 366(A)/34 of the Indian Penal Code.

As per the prosecution case, co-accused Ajay Paswan took away daughter of the informant and this petitioner is alleged to have provided mobile to informant's daughter. It is submitted on behalf of petitioner that from perusal of FIR, it is apparent that there was love affairs between co-accused Ajay Paswan and informant's daughter and petitioner has been alleged to have given mobile to informant's daughter. Petitioner is lady and is in custody since 13.09.2020, having no criminal antecedent. Chargesheet has been submitted.

Patna High Court CR. MISC. No.1084 of 2021(2) dt.01-03-2021 2/2 Considering the aforesaid facts and circumstances as well as nature of accusation, the bail application of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sheohar in connection with Hiramma P.S. Case No. 49 of 2019 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on her absence on two consecutive dates without sufficient reason, her bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T