Patna High CourtCR. MISC./55561/2015bail granted

Pinki Devi v. The State Of Bihar

2016-02-09Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.55561 of 2015 (3) dt.09-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55561 of 2015 Arising Out of PS.Case No. -133 Year- 2015 Thana -SURSAND District- SITAMARHI ======================================================

1. Pinki Devi wife of Siya Sharan Ram, resident of village- Banautha, P.S.- Malva, District- Mahotari (Nepal) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. Damodar Pd. Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Sursand P.S. Case No. 133 of 2015 registered for the offences punishable under Sections 363, 365 of the Indian Penal Code and Sections 5/6 of the PITA Act.

Allegedly, the petitioner was caught with Kajal Kumari aged ten years and she disclosed that the petitioner was taking away her after giving assurance to give her clothes. Submission is of false implication and that the petitioner was given custody of victim girl by her parents, the petitioner has got no criminal antecedent, the petitioner belongs to a respectable family, chargesheet has already been submitted and

Patna High Court Cr.Misc. No.55561 of 2015 (3) dt.09-02-2016 there is no chance of tampering with prosecution evidence. Learned APP opposes the prayer of bail.

Considering the detention of the petitioner, at this stage, she is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Pupri at Sitamarhi in connection with Sursand P.S. Case No. 133 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 her part without any reason shall disentitle the petitioner from privilege of bail.

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