Pinki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38013 of 2016 Arising Out of PS.Case No. -191 Year- 2016 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Pinki Devi, W/o Late Lalan Singh, R/o Village- Akashpur, P.S.- Mufasil Singhaul- (O.P) District- Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ravindra Kumar, Advocate For the Opposite Party : Mr. Smt. Sahin Begam (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-10-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Begusarai Muffasil (Singhaul) P.S Case No. 191 of 2016 registered for the offences punishable under Sections 25(1-b) A/26/35 of the Arms Act.

Allegedly, from possession of the petitioner one loaded country made pistol besides one more cartridge, cash of Rs. 150/- were recovered. Further from the house, one Glamour motorcycle was also recovered.

Submission is of false implication and that nothing has been recovered from conscious possession of the petitioner, the police has manufactured the story, motorcycle has also not

Patna High Court Cr.Misc. No.38013 of 2016 (3) dt.28-10-2016 2/2 been recovered from possession of the petitioner rather that is of one Kela Singh who fled away, mobile was also of that Kela Singh. The petitioner is in custody since 11.05.2016 and, as such, by remaining in custody she has been sufficiently penalized. Learned A.P.P. opposes the prayer of bail.

In the facts and circumstances stated above, the petitioner shall be released on bail after completion of 06 (six) months in custody from the date of her remand in this case on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction learned Chief Judicial Magistrate, Begusarai, in connection with Begusarai Muffasil (Singhaul) P.S. Case No. 191 of 2016, 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.) Rajiv/- U T