Lalita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21372 of 2016 Arising Out of PS.Case No. -37 Year- 2016 Thana -MANIYARI District- MUZAFFARPUR ====================================================== Lalita Devi, wife of Raj Babu Das, resident of village- Kinaru, P.S.- Maniyari, District- Muzaffarpur.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Hans Lal Kumar, Advocate. For the Opposite Party : Mr. Sanjay Kr. Tiwary(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-07-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
The petitioner seeks bail in connection with Maniyari P.S. Case No. 37 of 2016 registered for the offences punishable under Sections 363, 365 and 370 of the Indian Penal Code. Allegedly, the petitioner and other co-accused kidnapped Manisha Kumari, aged 14 years, the daughter of the informant for the purpose of indulging her in immoral act or to sale. During investigation, the victim girl was recovered and she has given her statement under Section 164 of the Cr.P.C that as her sister assaulted her and as such she was weeping and the petitioner provided food and brought her and thereafter she sold her.
Submission is of false implication and that the victim girl has not stated that she was indulged in immoral act, she has
Patna High Court Cr.Misc. No.21372 of 2016 (3) dt.01-07-2016 2/2 not stated regarding any sexual harassment done to her, other coaccused have been allowed bail by the Court below itself, the charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence and the petitioner is in custody since 11.03.2016.
Learned A.P.P. submits that the petitioner brought the victim girl and sold her.
In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Sri M.K. Mishra, learned Judicial Magistrate 1st Class, Muzaffarpur (West), in connection with Maniyari P.S. Case No.37 of 2016, subject to conditions that one of the bailors must be 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.) Amit/- U T