Patna High CourtCR. MISC./53871/2019bail granted

Sunaina Devi v. The State Of Bihar

2019-08-27Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53871 of 2019 Arising Out of PS. Case No.-139 Year-2019 Thana- KATRA District- Muzaffarpur ====================================================== SUNAINA DEVI Wife of Suresh Sahni Resident of Village - Kothiya, P.S.- Katra, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Rajeev Nayan (APP 231) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 27-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 376, 504, 506 and 34 of the Indian Penal Code registered in connection with Katra P.S. Case No. 139/2019 corresponding to G.R. No. 3118/2019.

3. It is submitted that the petitioner has been falsely implicated on the accusation that her son Mandeep Sahni had established physical relationship with the informant's daughter prior to her marriage on 20.05.2019, soon after which she delivered a male child on 31.05.2019 in her matrimonial home. It is submitted that the thrust of accusation is against co-accused Mandeep Sahni and no specific allegation has been made against the petitioner. Similarly situated co-accused Suresh Sahni, husband of the petitioner has been granted anticipatory bail by this Court in Cr. Misc. No. 48051 of 2019. The petitioner is a lady claiming clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand)

Patna High Court CR. MISC. No.53871 of 2019(2) dt.27-08-2019 2/2 with two sureties of like amount each to the satisfaction of learned ACJM 14-cum-Sub Judge, Muzaffarpur, in connection with Katra P.S. Case No. 139/2019 corresponding to G.R. No. 3118/2019, 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