Sangita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53008 of 2021 Arising Out of PS. Case No.-179 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Sangita Devi W/O Harendra Mahto R/o village- Ganeshpur, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-05-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code.

As per prosecution case, in brief, is that on 08.03.2021 at about 10:30 A.M. in the morning the informant's minor daughter was kidnapped from the house by Sangita Devi and her son Rahul Kumar, who is the neighbour along with his associates. Learned counsel for the petitioner submits that the petitioner has clean antecedents and she has been falsely

Patna High Court CR. MISC. No.53008 of 2021(6) dt.05-05-2022 2/3 implicated in the present case. He further submits that the petitioner is a neighbour of the informant. He further submits that it appears from the F.I.R. that the age of the victim is 17 years and the age of the son of the petitioner is 14 years. He further submits that in fact the petitioner has been falsely implicated only doe to some previous enmity and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 25.06.2021. Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Ahiyapur P.S. Case No. 179 of 2021, with the following conditions :-

(1) Petitioner shall co-operate 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 witness, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.53008 of 2021(6) dt.05-05-2022 3/3 for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U