Pooja Tawaif @ Pooja Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11908 of 2018 Arising Out of PS.Case No. -1715 Year- 2017 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ====================================================== Pooja Tawaif @ Pooja Devi, Wife of Chhedi Ram, Resident of Village Baijala, P.S. Sasaram, District Rohtas.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Roy, Advocate. For the Opposite Party/s : Mr. Anil Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-04-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Sasaram (Mufassil) P.S. Case No. 1715 of 2017 instituted for the offence under Sections 366(A)/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that petitioner is lady of clean antecedent. Mere suspicion has been raised against the petitioner in the written report. Case diary has been received.
In the case diary besides suspicion, there is no any specific allegation against this petitioner.
In the written report it is alleged that on the date of occurrence the informant along with her husband had gone to attend the case in court. It is further alleged that petitioner in
Patna High Court Cr.Misc. No.11908 of 2018 (3) dt.04-04-2018 2/3 conspiracy, kidnapped her daughter namely, Rasila Kumari @ Gorki and took her to village Agrer. It is mentioned in the written report that accused persons has sent the daughter of the informant to Agrer with co-accused Rubi Kumari. When the informant inquired from Rubi Kumari she has not given any correct information.
In this manner, there is no allegation of any overt act against this petitioner.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Sasaram (Mufassil) P.S. Case No. 1715 of 2017, she shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason
Patna High Court Cr.Misc. No.11908 of 2018 (3) dt.04-04-2018 3/3 will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) S.Ali/- U T