Pana Devi @ Panna Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63190 of 2018 Arising Out of PS. Case No.-160 Year-2018 Thana- CHOUTARWA District- West Champaran ====================================================== Pana Devi @ Panna Devi W/o Shambhu Sharma Resident of VillageChandrapur Mathiya, P.S. Chautarwa, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 363, 365/34 IPC registered in connection with Chautarwa P.S. Case No. 160 of 2018.

3. It is submitted that the petitioner has been falsely implicated merely because she happens to be the wife of Shambhu Sharma, who is said to have carried away the victim girl on his motorcycle. The said Shambhu Sharma has already been taken into custody. It is submitted that except the statement of the informant there is no other material to connect the petitioner with the alleged occurrence. The petitioner is a lady claiming clean antecedents.

4. Learned APP on the basis of case diary has not pointed out objective material against the petitoner.

5. Be that as it may, having regard to the entirety of the facts and circumstances, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date

Patna High Court Cr.Misc. No.63190 of 2018(3) dt.24-01-2019 2/2 of communication of this order, let the above named 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 ACJM, Bagaha, West Champaran in connection with Chautarwa P.S. Case No. 160 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

i.That one of the bailors shall be a close relative of the petitioner.

ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T