Nayan Jharo Devi @ Nanjharo Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5124 of 2021 Arising Out of PS. Case No.-95 Year-2019 Thana- NATWAR District- Rohtas ====================================================== NAYAN JHARO DEVI @ NANJHARO DEVI Wife of Surendra Singh Resident of Village - Khairahi, P.S.- Natwar, District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-04-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State through video conferencing.

The petitioner is a lady who seeks bail in Natwar P.S. Case No. 95/2019 registered for the offences punishable under Sections 363/365/34 of the Indian Penal Code. As per the prosecution case, this petitioner along with other co-accused persons kidnapped the daughter of the informant.

It is submitted on behalf of the petitioner that the victim girl is aged about 17 1⁄2 years and in her statement recorded under Section 164 Cr. P.C., she has not alleged anything against this petitioner and further stated that she had

Patna High Court CR. MISC. No.5124 of 2021(2) dt.12-04-2021 2/3 gone to the house of the petitioner out of her own will and from there she was taken to market by co-accused Sarita and Anshu and then by Rahul to Kanpur. Petitioner is in custody since 05.10.2020 having no criminal antecedent.

Considering the statement under Section 164 Cr. P.C. wherein the victim girl has not attributed any role to the petitioner with regard to her kidnapping and she had gone to the house of the petitioner out of her own will, the bail petition of the petitioner is allowed. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned A.C.J.M. IV, Bikramganj, Rohtas in connection with Natwar P.S. Case No. 95/2019, subject to 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 on her absence on two consecutive dates without sufficient reason, her bail-bonds shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case, the prosecution will be at liberty to

Patna High Court CR. MISC. No.5124 of 2021(2) dt.12-04-2021 3/3 move for cancellation of bail.

(Prabhat Kumar Singh, J) Saif/- U T