Sunita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22021 of 2016 Arising Out of PS.Case No. -186 Year- 2015 Thana -MOHAMMADPUR District- GOPALGANJ ======================================================

1. Sunita Kumari Daughter of Ramdeo Das Resident of village - Kushahar, P.S. Mahmmadpur, District - Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhramveer For the Opposite Party/s : Mr. Dinesh Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-07-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 343, 365, 302, 201 and 120 of the I.P.C Allegedly, co accused Sanju Devi and Guddu Mahto had taken away the wife of the informant forcibly to his in-laws house on Bolero. Earlier also such occurrence had taken place. Submission is of false implication and that the petitioner is not named in the First Information Report, she has got no criminal antecedent and is unmarried girl, her name transpires in the confessional statement of co-accused Sanju Devi and thereafter the petitioner was apprehended and she is in custody since 29.12.2015, the police also got recorded the confessional statement of the petitioner forcibly which has got no evidentiary value in the eye of law, nothing has been recovered from

Patna High Court Cr.Misc. No.22021 of 2016 (4) dt.13-07-2016 2/2 possession of the petitioner and there is no allegation of committing any overtact against her, co-accused Sanju Devi has already been allowed bail vide Cr. Misc. No. 16812 of 2016 by another co-ordinate Bench of this Court.

The learned A.P.P. submits that the petitioner has also confessed her guilt and she was in contact with co-accused Sanju Devi on mobile.

In the facts and circumstances as stated above, considering that charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner is unmarried girl and as such she is directed to 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 C.J.M. Gopalganj in Mahammadpur P.S. Case No. 186 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T