Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30065 of 2017 Arising Out of PS.Case No. -223 Year- 2015 Thana -AMARPUR District- BANKA ======================================================

1. Rekha Devi Wife of Binoi Das, Resident of Village-Kulharia, P.s. Amarpur, District-Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 07.09.2016 in connection with Amarpur P.S. Case No. 223/15 for offences punishable under Sections 120-B, 364, 201, 504 of the Indian Penal Code.

The prosecution case, as lodged by the complainant, is that the petitioner took her son and the son of the complainant to earn livelihood. The son of the petitioner returned but the son of the complainant became traceless.

It has been submitted by the learned counsel for the petitioner that she is innocent, the son of the complainant was a major and the petitioner being a lady does not know of his

Patna High Court Cr.Misc. No.30065 of 2017 (3) dt.09-08-2017 2/2 whereabouts. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on 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, Banka, in connection with Amarpur P.S. Case No. 223/2015, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Rajesh/- U T