Patna High CourtCR. MISC./40396/2019bail granted

Kanchan Devi v. The State Of Bihar

2019-09-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40396 of 2019 Arising Out of PS. Case No.-178 Year-2019 Thana- BARH District- Patna ====================================================== Kanchan Devi Wife of Shashi Paswan Resident of Village-Bajitpur, P.S-Barh, District-Patna ... Petitioner

Versus

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

For the Petitioner :

Mr.Deepak Kumar Singh, Advocate For the Opposite Party :

Mr.Ram Sumiran Rai, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner is an accused in a case registered for the offence punishable under Sections 363/365 of the Indian Penal Code.

It is alleged that the new born baby of the informant was sold to husband of the petitioner by husband of the informant, whose dead body was later on recovered from Shamshan Ghat.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of confessional statement of co-accused Kalindra Saw. Petitioner is not named in the First Information Report however, two accused persons have been named therein. He submits that nothing incriminating has come in course of investigation to connect the petitioner with the occurrence. Petitioner is a lady and has got no criminal antecedent.

Petitioner

Patna High Court CR. MISC. No.40396 of 2019(4) dt.20-09-2019 2/2 is in custody since 8.4.2019 and charge sheet has also been filed in the case, as such, there is no chance of tempering with the evidence.

In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, 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 the Additional Chief Judicial Magistrate-I, Barh, Patna in Barh Police Station Case No. 178 of 2019 on the condition that the petitioner shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner.

(Prabhat Kumar Singh, J) Shashi U T