Asha Devi @ Munni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7317 of 2021 Arising Out of PS. Case No.-286 Year-2020 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Asha Devi @ Munni Devi W/o Nagina Sah, R/o Village-Ruppur, P.S.-Bhabua, District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 28-06-2021 In view of sadden surge of COVID-19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode. Heard learned counsel for the petitioner and the learned APP for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in Kudra P.S. Case No. 286 of 2020 registered for offence punishable under sections 372, 373, 366, 368, 327, 120(B) of the Indian Penal Code and 3/4 of the Immoral Traffic Prevention Act, 1956.

The crux of the allegation is that about 12 persons

Patna High Court CR. MISC. No.7317 of 2021(2) dt.28-06-2021 2/3 have been apprehended while they were near a car on the allegation that they were indulging in immoral traffic of girls. It is submitted by the petitioner's counsel that she is alleged to be agent of one of the co-accused, who runs an orphanage in Rajasthan and indulges in immoral traffic. Learned counsel submits that actually there is no recovery so as to connect the petitioner with the occurrence or allegations. The allegations are in the whelm of probability, as no specific incident regarding any sale or purchase of any girls which alleges against the petitioner. The petitioner is accused in one more case being Bhagwanpur P.S. Case No. 148 of 2019 in which she is on bail. Other co-accused has been allowed bail in Cr. Misc. No. 39405 of 2020. The petitioner is in custody since 09.09.2020.

Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Kaimur at Bhabua in Kudra P.S. Case No. 286 of 2020, subject to the following

Patna High Court CR. MISC. No.7317 of 2021(2) dt.28-06-2021 3/3 conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) Mahesh/- U T