Bina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61714 of 2017 Arising Out of PS.Case No. -427 Year- 2016 Thana -SHASTRINAGAR District- PATNA ======================================================

1. Bina Devi D/o Raja Ram Mahto, R/v Sihman, P.O.- Karari, P.S.- Matihani, Distt.- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2017 Earlier prayer for bail of the petitioner was rejected vide order dated 17.01.2017 passed in Cr. Misc. No. 54940 of 2016, which was subsequently renewed and the same was disposed of vide order dated 09.08.2017 passed in Cr. Misc. No. 38004 of 2017 with an observation that if the trial is not concluded within a period of three months, he may renew his prayer for bail before the court below, who will consider the prayer of petitioner that other co-accused has already been enlarged on bail. Submission of learned counsel for the petitioner that three months period has already expired and the trial has not been concluded and she has been in judicial custody since 04.09.2016 and other co-accused having similar allegation has already been enlarged on bail as noted in previous order. It has

Patna High Court Cr.Misc. No.61714 of 2017 (2) dt.20-12-2017 2/3 also been submitted that petitioner is ready to abide by any condition imposed on him for grant of bail.

Having heard both sides, in view of the above facts as well as in view of the order dated 09.08.2017 passed in Cr. Misc. No. 38004 of 2017, 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 Additional Sessions Judge -I, Patna, in connection with Special (POCSO) Case No. 128 of 2016, arising out of Shastri Nagar P.S. Case No. 427 of 2016, 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

Patna High Court Cr.Misc. No.61714 of 2017 (2) dt.20-12-2017 3/3 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