Khushboo Hembram Alias Saloni Hembram Alias Basanti Hembram Alias Bauki Hembram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10001 of 2021 Arising Out of PS. Case No.-127 Year-2018 Thana- BELHAR District- Banka ====================================================== Khushboo Hembram Alias Saloni Hembram Alias Basanti Hembram Alias Bauki Hembram D/O-Nakul Hembram@Nanku Hembram Resident of Village-Belabathan, Ps- Fullidumar, Dist- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Nurul Hoda, Adovcate For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-06-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Belhar P.S. Case No. 127 of 2018 registered under sections 121, 121A and 120B of the Indian Penal Code, sections 25(1-B) (a), 26 and 35 of the Arms Act, sections 16, 17, 18, 19, 20, 21 and 22 of the Unlawful Activities (Prevention) Act and section 17 of CLA Act. As per allegation in the F.I.R., on a raid being conducted by the C.R.P.F., it is stated that while other accused persons managed to escape in the jungle, the petitioner was arrested and a loaded country made pistol as also three live cartridges were recovered from her possession. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the

Patna High Court CR. MISC. No.10001 of 2021(2) dt.08-06-2021 2/2 possession of the petitioner. The petitioner who is a lady has been falsely implicated in the case. A number of co-accused have been enlarged on bail vide orders contained in Annexure-2 series to this petition. The petitioner is in custody since 18.05.2018 i.e., for more than 3 years.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner being a lady who has remained in custody for more than 3 years, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Belhar P.S. Case No. 127 of 2018 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate-III, Banka. (Partha Sarthy, J) Bibhash U T